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Full text of "Ordinances and resolutions of the mayor and City Council of Baltimore. "

swiiiii'ii 



I 



Digitized by the Internet Archive 

in 2012 with funding from 

LYRASIS IVIembers and Sloan Foundation 



http://archive.org/details/ordinances94balt 



ORDINANCES 

PASSED AT THE ANNUAL SESSION 

1993-1994 

CITY OF BALTIMORE 

ORDINANCE NO. 272 

(Council Bill No. 607) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
NURSING HOME - 4669 FALLS ROAD 

FOR the purpose of granting permission for the 
establishment, maintenance and operation of a 
nursing home on the property known as 4669 Falls 
Road, as outlined in red on the plats accompanying 
this ordinance, subject to final licensure by the State 
Department of Health and Mental Hygiene and 
subject to the condition that the Planning Commission 
shall have final approval of the design and landscape 
plans . 

BY authority of 

Article 30 - Zoning 

Sections 5.1-ld-l and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as 

amended) 
and 

Article 12 - Hospitals 
Section 1 
Baltimore City Code (1983 Replacement Volume, as 

amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted to Roland Park Nursing Center, Inc. for 
the establishment, maintenance and operation of a 
nursing home on the property known as 4669 Falls Road, 
as outlined in red on the plats accompanying this 
ordinance, imder the provisions of Sections 5.1-ld-l and 



Ord. No. 273 



11.0-6d of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) tide "Zoning", and 
Section 1 of Article 12, title "Hospitals" of the Baltimore 
City Code (1983 Replacement Volume, as amended), 
subject to final licensure by the State Department of 
Health and Mental Hygiene and subject to the condition 
that the Planning Commission shall have final approval of 
the design and landscape plans . 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments vy^hich are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the plat and v^hen the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore City and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 17, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 273 

(Council Bill No. 588) 

AN ORDINANCE concerning 

ZONING CODE - EMERGENCY SERVICE AND 
HOUSING CENTERS 



Ord. No. 273 



FOR the purpose of adding emergency service and 
housing centers to the list of conditional uses 
requiring an ordinance in the M-2 District. 

BY adding 

Article 30 - Zoning 
Chapter 7 - Industrial Districts 
Section 7.2-lcc-5 

Chapter 13 - Rules and Definitions 
Section 13.0-2-33A 

Baltimore Qty Code (1983 Replacement Voliune, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 7 - Industrial Districts 

7.2 M-2 Industrial District. 

1. Use regulations. 

cc. Notwithstanding other provisions of this 
ordinance, the follovdng uses as conditional uses 
shall require authorization by ordinance of the 
Mayor and Qty Council: 

5. EMERGENCY SERVICE AND HOUSING 
CENTERS 

Chapter 13 - Rules and Definitions 

13.0-2 Definitions. 

33A. EMERGENCY SERVICE AND HOUSING CENTER: 
TEMPORARY AND TRANSITIONAL HOUSING FOR 25 OR 
MORE PEOPLE. THE FACILITY MAY INCLUDE 
COUNSELING, EDUCATION, JOB TRAINING AND 



Ord. No. 274 



RELATED SERVICES AS AN ACCESSORY USE AND 
LONGER TERM HOUSING MAY BE A COMPONENT OF 
THE OVERALL PROGRAM. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 22, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 274 

(Council Bill No. 618) 

AN ORDINANCE concerning 

HUMAN SERVICES DIVISION 

FOR the pmpDse of repealing the provisions relating to 
the Urban Services Agency and estabUshing the 
Human Services Division of the Department of 
Housing and Community Development and 
establishing the Human Services Commission. 

BY repealing 

Article 1 - Mayor, Qty Council, and Municipal 

Agencies 
Sections 42-45 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

BY adding 

Article 13 - Housing and Urban Renewal 
Sections 33A-33C, inclusive, to be under the new 

subtitle "Human Services Division" 
Baltimore City Code (1983 Replacement Volume, as 

amended) 



Ord. No. 274 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sections 42 
through 45, inclusive, of Article 1 of the Baltimore Qty 
Code (1983 Replacement Volume, as amended) be and 
they hereby repealed. 

SEC. 2. BE IT ORDAINED BY THE MAYOR AND CITY 
COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 13 - HOUSING AND URBAN RENEWAL 

HUMAN SERVICES DIVISION 

33A. DECLARATION OF POLICY AND FINDINGS OF 
FACT. 

(A) THE CITY COUNCIL FINDS THAT THERE LIVE 
WITHIN THE CITY OF BALTIMORE PERSONS AND 
FAMILIES WHO SUBSIST IN CONDITIONS OF ABJECT 
POVERTY, AND THAT THERE ARE CONCENTRATIONS 
OF SUCH PERSONS AND FAMIUES IN CERTAIN 
DETERIORATED NEIGHBORHOODS WITHIN THE CITY; 
THAT ILLITERACY, ILLEGITIMACY, CRIME, JUVENILE 
DELINQUENCY, ILL HEALTH AND OTHER SYMPTOMS 
OF SOCL^L BREAKDOWN ALL RESULT FROM OR ARE 
COINCIDENTAL WITH SUCH POVERTY AND ARE 
RAMPANT IN SAID NEIGHBORHOODS; THAT MANY OF 
SAID IMPOVERISHED PERSONS AND FAMILIES ARE 
DEPENDENT UPON PUBLIC SUBSIDY FOR THEIR 
SUBSISTENCE; THAT MANY OF THE SERVICES 
AVAILABLE TO HELP THEM ATTAIN A STATE OF 
ECONOMIC SELF-SUFFICIENCY AND SOCLU 
PRODUCTIVITY EITHER ARE NOT BEING UTIUZED BY 
THEM OR ARE BEING INAPPROPRIATELY UTIUZED IN 
UNCOORDINATED, PIECEMEAL FASHION. 

CB) THE CITY COUNCIL FURTHER FINDS THAT TO 
ELIMINATE THE CAUSES OF POVERTY AND THE 
PROBLEMS ATTENDANT UPON IT, IT IS IMPERATIVE 
FOR THE CITY OF BALTIMORE TO ENGAGE IN A TOTAL 



Ord. No. 274 



PROGRAM OF CONCERTED COMMUNITY ACTION 
WHICH WILL HARNESS AND SYNCHRONIZE ITS 
RESOURCES FOR REMEDL^d. EDUCATION, JOB 
TRAINING, HEALTH CARE, ENVIRONMENTAL 
IMPROVEMENT, SOCLU AND PHYSICAL 
REHABILITATION, AND TRAINING IN HOME 
MANAGEMENT AND HEALTHY FAMILY LIVING; AND 
THAT SUCH A PROGRAM, TO BE EFFECTIVE, MUST 
ATTACK THE PROBLEM AT ITS SOURCE, IN THE 
NEIGHBORHOODS. 

33B. HUMAN SERVICES DIVISION. 

(A) THERE IS HEREBY CREATED THE HUMAN 
SERVICES DIVISION IN THE DEPARTMENT OF HOUSING 
AND COMMUNITY DEVELOPMENT. THE DIVISION 
SHALL HAVE SUCH POWERS AND RESPONSIBILITIES AS 
ARE GRANTED TO COMMUNITY ACTION AGENCIES 
UNDER STATE LAW, AND SUCH OTHER POWERS AS 
ARE GRANTED TO IT BY LAW, ORDINANCE OR 
RESOLUTION. 

(B) THERE IS HEREBY CREATED THE HUMAN 
SERVICES COMMISSION, WITH MEMBERSHIP AS 
PROVIDED IN THIS SUBTITLE AND WITH POWERS AND 
RESPONSmiLITIES AS MAY BE DETERMINED BY THE 
BOARD OF ESTIMATES. 

(C) THE COMMISSION SHALL BE COMPOSED OF 31 
MEMBERS: 

» ill ONE-THIRD OF THE MEMBERS SHALL 
BE ELECTED PUBLIC OFFICIALS CURPLE^^^LY HOLDING 
OFgJGE SELECTED BY THE MAYOR TO SERVE EX 
OFFICIO . OR THEIR REPRESENTATIVES; 

^ £21 AT LEAST ONE-THIRD OF THE 
MEMBERS SHALL BE PERSONS CHOSEN BY A 
DEMOCRATIC SELECTION METHOD DESIG>:ED AS 
DETERMINED BY THE MAYOR TO ASSURE THAT THEY 
ARE REPRESENTATIVE OF THE POOR IN THE AREA 
SERVED; 



Ord. No. 274 



^ffl^ i31 THE OTHER MEMBERS SHALL BE 
OFHCL^LS OR MEMBERS OF BUSINESS, INDUSTRY, 
LABOR, RELIGIOUS, WELFARE, EDUCATION, OR OTHER 
MAJOR GROUPS AND INTERESTS IN THE COMMUNITY 
APPOINTED BY THE MAYOR PURSUANT TO ARTICLE IV, 
SECTION 6, OF THE BALTIMORE CITY CHARTER (1983 
REPLACEMENT VOLUME, AS AMENDED). 

CD) IF A VACANCY OCCURS ON THE COMMISSION, 
THE VACANCY SHALL BE FILLED FOR THE UNEXPIRED 
TERM IN THE SAME MANNER AS THE OFFICE WAS 
PREVIOUSLY FILLED. THE COMMISSION MEMBERS 
SHALL SERVE WITH OUT COMPENSATION BUT SHALL 
BE REIMBURSED FOR ALL EXPENSES NECESSARILY 
INCURRED. 

(E) EACH MEMBER OF THE COMMISSION, SHALL 
SERVE FOR A PERIOD OF 3 YEARS AND UNTIL HIS 
SUCCESSOR IS DULY APPOINTED AND QUALIFIED. 
EACH COMMISSION MEMBER PRESENTLY SERVING 
SHALL COMPLETE HIS PRESENT TERM. NO MEMBER 
SHALL SERVE MORE THAN ONE FULL TERM OR MORE 
THAN 5 CONSECUTIVE YEARS, OR MORE THAN A 
TOTAL OF 10 YEARS. 

(F) EACH MEMBER OF THE COMMISSION SHALL BE 
ENTITLED TO ONE VOTE. A MAJORITY OF SAID 
COMMISSION SHALL CONSTITUTE A QUORUM FOR 
THE TRANSACTION OF ANY BUSINESS OR THE 
EXERQSE OF ANY POWER IN THE PERFORMANCE OF 
ANY DUTY AUTHORIZED OR IMPOSED BY THIS 
SUBTITLE. THE MAYOR SHALL DESIGNATE ONE 
APPOINTED MEMBER OF THE COMMISSION AS ITS 
CHAIR, AND THE COMMISSION SHALL ELECT A 
MEMBER AS ITS VICE-CHAIR. 

33C. STAFF. 

(A) THE MAYOR SHALL APPOINT AN EXECUTIVE 
DEPUTY DIPJECTOR COMMISSIONER . WHO SHALL BE 
THE HEAD OF THE DIVISION. THE EXECUTIVE DEPUTY 
DIRECTOR COMMISSIONER SHALL SERVE FOR A 
PERIOD OF 4 YEARS AND SHALL BE APPOINTED IN THE 



Ord. No. 275 



MANNER DESIGNATEX) IN SECTION 6 OF ARTICLE IV 
OF THE BALTIMORE CITY CHARTER (1964 REVISION, 
AS AMENDED). THE EXECUTIVE DEPUTY DIRECTOR 
COMMISSIONER SHALL HAVE SUCH DUTIES AS THE 
MAYOR SHALL IMPOSE UPON H04 THE EXECUTIVE 
DEPUTY COMMISSIONER TO EXECUTE THE POWERS 
GRANTED UNDER THIS SUBTITLE. 

(1) UNTIL SUCH TIME AS AN EXECUTIVE 
DEPUTY DIRECTOR COMMISSIONER IS APPOINTED AS 
PROVIDED HEREIN, THE MAYOR SHALL APPOINT AN 
INTERIM EXECUTIVE DEPUTY DmECTQR 
COMMISSIONER WHO SHALL PERFORM THE DUTIES 
OF THE OFFICE UNTIL THE AFORESAID APPOINTMENT 
IS MADE. 

(B) THE EXECUTIVE DEPUTY DIRECTOR 
COMMISSIONER , WHEN EMPLOYING SUCH OTHER 
PERSONS AS MAY BE REQUIRED, SHALL COMPLY WITH 
THE PROVISIONS OF THE BALTIMORE CITY CHARTER 
RELATING TO CIVIL SERVICE. COMPENSATION OF ALL 
PERSONS SO EMPLOYED BY THE DIVISION AND ALL 
OTHER NECESSARY EXPENSES SHALL BE PAID AT 
SUCH RATES AND IN SUCH AMOUNTS AS THE BOARD 
OF ESTIMATES SHALL APPROVE AND IN ACCORDANCE 
WITH THE ANNUAL ORDINANCE OF ESTIMATES OF 
THE CITY OF BALTIMORE. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 22, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 275 
(Council Bill No. 642) 
AN ORDINANCE concerning 

8 



Ord. No. 275 



PANHANDLING AND AGGRESSIVE PANHANDLING 

FOR the purpose of prohibiting any person from 
aggressive panhandling, as defined, and from 
panhandling in certain specified circumstances and 
places; and providing penalties. 

BY adding 

Article 19 - Police Ordinances 

Section 249, to be imder the new subtitle 

"Panhandling" 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 19 - POUCE ORDINANCES 

PANHANDLING 

249. AGGRESSIVE PANHANDLING AND PROHBITING 
CERTAIN PANHANDLING ACTS; PENALTIES. 

(A) FINDINGS AND DECLARATIONS. 

THE CITY COUNCIL FINDS AND DECLARES THAT 
AGGRESSIVE PANHANDLING AND PANHANDLING IN 
CERTAIN PLACES AND CIRCUMSTANCES HAVE A 
DETRIMENTAL EFFECT ON THE CREATION OF A SAFE 
ENVIRONMENT IN THE CITY OF BALTIMORE AND 
FINDS THAT RESTRICTING CERTAIN ACTS OF 
PANHANDLERS GENERALLY, WITHOUT PROHmiTING 
PANHANDLING, IS A NECESSARY EXERCISE OF THE 
POUCE, HEALTH AND WELFARE POWER IN ORDER TO 
MAINTAIN THE PEACE AND GOOD GOVERNMENT OF 
BALTIMORE CITY AND TO PRESERVE AND PROTECT 
THE RIGHTS OF ALL CITIZENS TO BE FREE OF SUCH 
ACTS. 



Ord. No. 275 



(B) DEFINmONS. 

(1) "PANHANDLING" MEANS ANY ACT BY 
WHICH ONE PERSON ASKS, BEGS OR SOUCITS ALMS 
FROM ANOTHER OR OTHERS IN PERSON, BY 
REQUESTING AN IMMEDL\TE DONATION OF MONEY 
OR OTHER THING OF VALUE. PANHANDLING 
INCLUDES THE SPOKEN, WRTTIEN, OR PRINTED WORD 
OR SUCH OTHER ACT CONDUCTED WITH THE 
PURPOSE OF OBTAINING AN IMMEDIATE DONATION 
OF MONEY OR THING OF VALUE. 

(2) "AGGRESSIVE PANHANDLING" MEANS 
PANHANDLING WHICH IS ACCOMPANIED BY ONE OR 
MORE OF THE FOLLOWING: 

(D APPROACHING, SPEAKING TO, OR 
FOLLOWING A PERSON IN SUCH A MANNER AS 
WOULD CAUSE A REASONABLE PERSON TO FEAR 
BODILY HARM OR THE COMMISSION OF A CRIMINAL 
ACT UPON THE PERSON, OR UPON PROPERTY IN THE 
PERSON'S IMMEDL\TE POSSESSION; 

(ID TOUCHING ANOTHER PERSON IN THE 
COURSE OF PANHANDLING WITHOUT THAT PERSON'S 
CONSENT; 

(III) CONTINUOUSLY PANHANDLING 
FROM A PERSON, OR FOLLOWING THE PERSON, AFTER 
THE PERSON HAS MADE A NEGATIVE RESPONSE; 

(TV) INTENTIONALLY BLOCKING OR 
INTERFERING WITH THE SAFE PASSAGE OF A PERSON 
OR A VEHICLE BY ANY MEANS, INCLUDING 
UNREASONABLY CAUSING A PERSON TO TAKE 
EVASIVE ACTION TO AVOID PHYSICAL CONTACT; 

(V) USING OBSCENE OR ABUSIVE 
LANGUAGE EITHER DURING THE COURSE OF 
PANHANDLING OR FOLLOWING REFUSAL; OR 



10 



Ord. No. 275 



(VD ACTING WITH THE INTENT OF 
INTIMIDATING ANOTHER PERSON INTO GIVING 
MONEY OF ANOTHER THING OF VALUE. 

"AGGRESSIVE PANHANDLING" DOES NOT INCLUDE 
PASSIVELY PANHANDLING WITHOUT ENGAGING IN 
THE ACTS SPECIFIED IN SUBSECTION 2. 

(3) "PLACE OPEN TO THE GENERAL PUBLIC" 
MEANS SIDEWALKS, STREETS, ALLEYS, DRIVEWAYS, 
PARKING LOTS AND GARAGES, PARKS, PLAZAS, 
BUILDINGS, DOORWAYS, AND ENTRANCES TO 
BUILDINGS, THE GROUNDS ENCLOSING BUILDINGS, 
OR THE MALL AND/OR ADJACENT PARKING AREAS OF 
ANY SHOPPING CENTER TO WHICH THE GENERAL 
PUBLIC IS INVITED FOR BUSINESS PURPOSES. 

(Q IT UNLAWFUL FOR ANY PERSON TO ENGAGE 
IN AGGRESSIVE PANHANDLING IN ANY PLACE OPEN 
TO THE GENERAL PUBLIC. 

(D) IT IS UNLAWFUL FOR ANY PERSON TO ENGAGE 
IN PANHANDLING: 

(1) WITHIN TEN FEET OF ANY AUTOMATIC 
TELLER MACHINE (ATM); 

(2) IN ANY PUBLIC TRANSPORTATION 
VEHICLE OR AT ANY BUS, TRAIN, LIGHT 
RAIL, OR SUBWAY STATION OR STOP; 

(3) ON PRIVATE PROPERTY OR RESIDENTIAL 
PROPERTY, IF THE OWNER, TENANT OR 
OCCUPANT HAS ASKED THE PERSON NOT 
TO PANHANDLE ON THE PROPERTY OF 
HAS POSTED A SIGN ON THE PROPERTY 
DEDICATING NO SOUCITING OR NO 
PANHANDLING; 

(4) FROM ANY OPERATOR OR OCCUPANT OF 
A MOTOR VEHICLE THAT IS IN TRAFFIC 
ON A PUBLIC STREET, WHETHER IN 
EXCHANGE FOR CLEANING THE 



11 



Ord. No. 275 



VEHICLE'S WINDOWS OR OTHERWISE; 
OR 

(5) FROM ANY OPERATOR OR OCCUPANT OF 
A MOTOR VEHICLE ON A PUBLIC STREET 
IN EXCHANGE FOR BLOCKING, 
OCCUPYING OR RESERVING A PUBLIC 
PARKING SPACE, OR DIRECTING THE 
OCCUPANT TO A PUBLIC PARKING SPACE. 

(E) PENALTIES. ANY PERSON WHO VIOLATES THE 
PROVISIONS OF THIS SECTION IS GUILTY OF A 
MISDEMEANOR AND, UPON CONVICTION THEREOF, 
SHALL BE FINED NOT MORE THAT ONE HUNDRED 
DOLLARS ($100.00) OR IMPRISONED FOR NOT MORE 
THAN THIRTY DAYS, OR BOTH, OR IF THE PERSON 
HAS BEEN CONVICTED OF A VIOLATION OF THIS 
SECTION WITHIN THE PREVIOUS YEAR, THE PERSON 
SHALL BE FINED NOT MORE THAN TWO HUNDRED 
AND FIFTY DOLLARS ($250.00) OR IMPRISONED FOR 
NOT MORE THAN NINETY DAYS, OR BOTH. 

SEC. 2. AND BE IT FURTHER ORDAINED, THAT IF 
ANY PROVISION OF THIS SECTION OR ITS 
APPLICATION IN A PARTICULAR INSTANCE IS HELD 
INVALID, SUCH INVALIDITY SHALL NOT AFFECT ANY 
OTHER PROVISION OR OTHER APPLICATION OF ANY 
PROVISION, WHICH CAN BE GIVEN EFFECT WITHOUT 
THE INVALID PROVISION OR APPLICATION, AND TO 
THIS END THE PROVISIONS OF THIS SECTION ARE 
DECLARED TO BE SEVERABLE. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved December 22, 1993 

KURT L. SCHMOKE, Mayor 



12 



Ord. No. 276 

CITY OF BALTIMORE 

ORDINANCE NO. 276 

(Council Bill No. 645) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - 1440 CHESAPEAKE AVENUE 

FOR the purpose of authorizing the Mayor and Qty 

Council of Baltimore to sell at either public or private 
sale all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land and 
improvements situated at 1440 Chesapeake Avenue, 
Baltimore, Maryland, subject to the condition that no 
hazardous waste shall be located on the property: 
said parcel of land and improvements being no longer 
needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5fl)) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty be and she is hereby authorized to sell, at 
either public or private sale in accordance with Article V, 
Section 5(b) of the Qty Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 
Council of Baltimore in and to a certain parcel of land 
and improvements situated at 1440 Chesapeake Avenue, 
Baltimore, Maryland, subject to the condition that no 
hazardous waste shall be located on the property, and 
described as follows: 

1440 Chesapeake Avenue 

(Ward 25, Section 7, Block 7335-A Lot 11/13) 

4.25 acre parcel of land. 

Said property being no longer needed for public use. 



13 



Ord. No. 277 



SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith until the 
same shall have been approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved December 22, 1993 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 277 

(CouncU Bill No. 407) 

AN ORDINANCE concerning 

CITY SCHOOL - CHANGE OF NAME 

FOR the purpose of changing the name of Hampstead Hill 
Middle School to the Highlandtown Middle School. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That die name of 
Hampstead Hill Middle School (#43) be and it is hereby 
changed and shall hereafter be knovm as the 
Highlandtown Middle School. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on Septemb e r 1, 1993 the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 278 
(Council Bill No. 439) 



14 



Ord. No. 278 



AN ORDINANCE concerning 

REZONING - 861-871 HARLEM AVENUE AND 
625-635 N. FREMONT AVENUE 

FOR the purpose of changing the zoning for the 

properties known as 861-871 Harlem Avenue and 
625-635 N. Fremont Avenue from the R-8 Zoning 
District to the B-1-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 55 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 55 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
City Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the R-8 Zoning District to the B-1-2 Zoning District the 
properties known as 861-871 Harlem Avenue and 625- 
635 N. Fremont Avenue, as outlined in red on the plat 
accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 



15 



Ord. No. 279 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 279 

(Council Bill No. 440) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 

FOR THE ELDERLY - 861-871 HARLEM AVENUE AND 

625-635 N. FREMONT AVENUE 

FOR the purpose of granting permission for the 

estabHshment, maintenance and operation of housing 
for the elderly on the properties known as 861-871 
Harlem Avenue and 625-635 N. Fremont Avenue, as 
outlined in red on the plats accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 
Sections 6.1-ld-3 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of housing for the elderly on the properties 
knovm as 861-871 Harlem Avenue and 625-635 N. 
Fremont Avenue, as outlined in red on the plats 
accompanying this ordinance, not to exceed 22 units, 
under the provisions of Sections 6.1-ld-3 and 11.0-6d of 
Article 30 of the Baltimore Qty Code (1983 Replacement 
Volume, as amended) tided "Zoning". 



16 



Ord. No. 280 



SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shaU sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 280 

(Council Bill No. 524) 

AN ORDINANCE concerning 

FOOD OPERATIONS - LITTER 

FOR the purpose of providing that complaints concerning 
violations of the food operations litter law shall be 
accepted only from persons 18 years of age or older, 
who are not anonymous. 

BY adding 

Article 11 - Health 

Subtide - Permits and Inspections 

Section 165A 



17 



Ord. No. 280 



Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volimie, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 11 - HEALTH 

Permits and Inspections 

165A. Litter. 

(a) A person holding a valid food operation p>ermit 
shall keep the entire premises, including the sidewalks, 
alleys, footpaths, gutters, and other public rights-of-way 
that abut the property for which the food operation 
permit is issued, free of any litter and rubbish. 

(b) Where 10 or more complaints of violation of the 
provisions of this section have been received by the 
Commissioner within the 12 months prior to renewal of 
the permit for the food operation, the Commissioner shall 
conduct a hearing in accordance with the provisions of 
Section 165 (i) to determine if the violations complained 
of are a sufficient basis for non-renewal, or suspension, or 
other penalties relating to the permit. The Commissioner 
shall accept only complaints which include the name and 
address of the complainant. 

THE COMMISSIONER SHALL ACCEPT COMPLAINTS 
MADE UNDER THE PROVISIONS OF THIS SUBSECTION 
PROVIDED THAT THE COMPLAINANT IS OVER 18 
YEARS OF AGE AND IS NOT ANONYMOUS. 

(c) Notwithstanding the provisions of this section, any 
person who litters the public areas described in subsection 
(a) shall be subject to prosecution under any trash or 
litter law. 



18 



Ord. No. 281 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CORRECTED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 281 

(Council Bill No. 532) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

PARKING LOT - LAWNDALE AVENUE AND 

BLYTHEWOOD ROAD 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the properties north of 
Wyndhurst Avenue b e tv . ^ ee n on Lav^aidale Avenue as4 
Bl>^owood Road known as 5001 and 5009 Lawndale 
Avenue and 5008 Bl)^ e wood Road , as outlined in 
red on the amended plats accompanying this 
ordinance. 

BY authority 

Article 30 - Zoning 

Section(s) 4.1-ld-3, 6.1-ld-l, and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
properties north of Wyndhurst Avenue betw e en on 
Lawndale Avenue and Bl>^owood Road known as 5001 



19 



Ord. No. 282 



and 5009 Lawndale Avenue and 5008 Blyth e wood Road , 
as outlined in red on the amended plats accompanying 
this ordinance, under the provisions of Section(s) 4.1-ld- 
3, 6.1-ld-l, and 11.0-6d of Article 30 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), tide 
"Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 282 

(Council Bill No. 551) 

AN ORDINANCE concerning 

ZONING - ACCESSORY USES - .-a^IMALS 

FOR the purpose of expanding the class of accessory uses, 
permitted under the Zoning Article, to include the 
housing of certain animals. 

20 



Ord. No. 282 

By r e p e aling and reordaining with amendm e nts 
Aiticlo 30 — Zoning 
Soctionc 7.1 Id, 7.3 l e 

Baltimore Gt>^ Cod e (1983 R e plac e m e nt Volimio^ as 
am e nd e d) 

BY adding 

Article 30 - Zoning 

Sections 4.1-lb-14, 5.1-lb-2b, 6.1-lb-44 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 4 - Residence Districts 

4.1 R-1 Single Family Residence District. 

4.1-1 Use regulations. 

b. Accessory uses. 

14. FACILmES WHICH HOUSE PETSy 
LIVESTOCK, AND WILD ANIMALS AS PERMITTED 
UNDER THE PROVISIONS OF THE ANIMAL CONTROL 
ORDINANCE. 

Chapter 5 - Office-Residence District 

5.1 0-R Office-Residence District. 

5.1-1 Use regulations. 

b. Accessory uses. 

2B. FACILITIES WHICH HOUSE PETSy 
LIVESTOCK, AND WILD ANIMALS AS PERMITTED 



21 



Ord. No. 282 

UNDER THE PROVISIONS OF THE ANIMAL CONTROL 
ORDINANCE. 

Chapter 6 - Business Districts 

6.1 B-1 Neighborhood Business District. 

6.1-1 Use regulations. 

b. Permitted uses. 

44. ACCESSORY FAdLITIES WHICH HOUSE 
PETS, LIVESTOCK, AND WILD ANIMALS AS PERMITTED 
UNDER THE PROVISIONS OF THE ANIMAL CONTROL 
ORDINANCE. 

Chapter 7 — Industrial Dictrictc 

7.1 M 1 Industrial District. 

7.1 1 Us e r e gulations. 

di Acc e ssor>'^ uses. Acc e ssor)'^ us e s incidental to and 
on th e same lot as a principal use ar e p e rmitt edr 
including Fx^dLITIES WHICH HOUSE PETS, LIVESTOCK, 
AND WILD 1WIM.US AS PERMITTED U>JDER THE 
ANJW\L CQ^JTRQL QRDI^JI^^JCE; i^^JD dog fanciers^ and 
privat e k e nnels operat e d and maintain e d in conforms Ree- 
with th e provisions of the animal control ordinance and 
the rules and r e gulations promulgat e d pursuant ther e to. 

7.2 M 2 Industrial District. 

7.2 ' 1 Use r e gulations. 

e . Accessory^ us e s. Accessor)^ us e s incid e ntal to and 
on th e sam e lot as a principal us e ar e p e rmitt edr 
mcluding FAdLITIES W^HICH HOUSE PETS, LIVESTOCK, 
AND WILD A^JIM.^LS AS PEPlMITTED UNDER THE 
ANIMAL CO^r^ROL ORDI^JA^JCE; AND dog fanciers' and 
private k e nn e ls op e rated and maintain e d in conformanc e- 
with the pro^dsions of the animal control ordinanc e and 



22 



Ord. No. 283 



tho rul e s and r e gulations promulgat e d pursuant th e r e toi 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 283 

(Council BUI No. 552) 

AN ORDINANCE concerning 

REZONING - RITTENHOUSE AVENUE AND 
GEORGETOWN ROAD 

FOR the purpose of changing the zoning for the property 
located at Rittenhouse Avenue and Georgetown Road 
including Lot 10 of Block 7727 and the rear vards of 
1701-1709 Rittenhouse Avenue, 3326-3328 James 
Street and 3325-3327 James Street from the M-2-1 
Zoning District to the R-3 Zoning District, as outlined 
in red on the amended plat accompanying this 
ordinance. 

BY amending Zoning District Maps 
Sheet No. 73 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volimie, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 73 of the 
Zining District Maps of Article 30-Zining of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the M-2-1 "Zoning" District to the R-3 Zoning District, the 
property located at Rittenhouse Avenue and Georgetown 



23 



Ord. No. 284 



Road including Lot 10 of Block 7727 and the rear yards 
of 1701-1709 Rittenhouse Avenue, 3326-3328 James 
Street and 3325-3327 James Street , as outlined in red on 
the amended plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the City Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore City and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 284 

(CouncU Bill No. 554) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 

FOR the purpose of approving the application of The 
James Lawrence Keman Hospital, Inc., owner of 
certain property lying west of North Forest Park 
Avenue and north of Windsor Mill Road, such 
property consisting of approximately 65 acres more or 



24 



Ord. No. 284 



less, to have such properly designated a Planned Unit 
Development in accordance with Section 12.0-1 and 
12.0-2 of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) and to approve 
the Development Plan, as hereinafter defined, 
submitted by The James Lawrence Keman Hospital, 
Inc. 

BY authority of 

Article 30 - Zoning 
Sections 12.0-1 and 12.0-2 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS, On the 21th day of April, 1993, 
representatives of The James Lawrence Keman Hospital, 
Inc. met with the Department of Planning of Baltimore 
City to hold a Pre-Petition Conference to explain the 
scope and nature of existing and proposed development 
on the property in order to institute proceedings to have 
such property designated a Planned Unit Development; 
and 

WHEREAS, Together herewith, The James Lawrence 
Keman Hospital, Inc. has made formal application to the 
Qty Council of Baltimore and has submitted the requisite 
Development Plan intended to satisfy the requirements 
specified in Sections 12.0-1 and 12.0-2 of Article 30 of 
the Baltimore Qty Code (1983 Replacement Volume, as 
amended); and 

WHEREAS, The James Lawrence Keman Hospital, 
Inc., in requesting the introduction of this bill, signifies its 
intention to implement, execute, substantially complete 
and maintain the development of the property in 
accordance with the Development Plan; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the application of 
The James Lawrence Keman Hospital, Inc., owner of 
certain property located in Baltimore Qty and known as 
2200 North Forest Park Avenue, Baltimore, Maryland 
21207, which property is bounded by North Forest Park 



25 



Ord. No. 284 



Avenue on the east and by Windsor Mill Road on the 
south, as outlined on Sheet 1, entitled "Location 
Plan/Schedule of Drawings" dated as of April 29, 1993, 
which accompanies this ordinance, to designate such 
property a Planned Unit Development pursuant to Article 
30, Sections 12.0-1 and 12.0-2 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended), be and it is 
hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Development Plan submitted by The James Lawrence 
Keman Hospital, Inc., including the following: Sheet 1, 
entitled "Location Plan/Schedule of Drawings"; Sheet 2, 
entitled "Existing Conditions Plan"; Sheet 3 entitled 
"Proposed Conditions Plan"; aad Sheet 4, entided 
"Preliminary Forest Conservation Plan" and Sheet 5, 
entided "Conceptual Intersection Layout Windsor Mill 
Road/Keman Drive", all dated as of April 39 Au5?ust 5, 
1993 (and collectively referred to herein as the 
"Development Plan"), each of which are attached hereto 
and made a part hereof, be and they are hereby 
approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That 
subsequent to the passage of this ordinance by the Qty 
Council, all major amendmontc minor modifications to the 
approved Development Plan for the property shall be 
reviewed and approved by the Planning Commission for 
assurance that such changes shall be consistent with this 
ordinance. 

SEC. 4. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, all plans for 
the construction of improvements upon the property shall 
be reviewed and approved by the Planning Dopartm efi^ 
Commission to insure that such plans are consistent with 
the Development Plan and this ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the Development Plan which is a 
part hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, the 



26 



Ord. No. 285 



President of the City Council shall sign the Development 
Plan, and when the Mayor approves the ordinance, he 
shall sign the Development Plan. The Director of Finance 
shall then transmit a copy of the ordinance and the 
Development Plan to the Board of Mmiicipal and Zoning 
Appeals, the Planning Commission, the Supervisor of 
Assessments for Baltimore City and the Zoning 
Administrator. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 285 

(CouncU Bill No. 576) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

PARKING LOT IN THE PARKING LOT DISTRICT - 

LIGHT AND CHARLES STREETS 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the properties known as No. 
414-432 Ught Street and 429 S. Charles Street, as 
outlined in red on the plats accompanying this 
ordinance, subject to the condition the the permission 
is limited in time. 

BY adding 

Article 30 - Zoning 
Section 9.0-3b and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 



27 



Ord. No. 286 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
properties known as 414-432 Light Street and 429 S. 
Charles Street, as outlined in red on the plats 
accompanying this ordinance, mider the provisions of 
Sections 9.0-3b and 11.0-6d of Article 30 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), tide 
"Zoning", subject to the condition that the permission 
granted herein shall expire three (3) years after the date 
of expiration of Ordinance No. 807 (enacted November 1, 
1991). 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 286 
(Council Bill No. 593) 



28 



Ord. No. 286 

AN ORDINANCE concerning 

MASSAGE THERAPISTS 

FOR the purpose of providing an exemption from the 
massage establishment license requirements; and 
defining a certain term. 

BY adding 

Article 15 - Licenses 
Subtide - Massage Establishments 
Section 58(e) and 59(g) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 15 - LICENSES 

Massage Establishments 

58. Definitions and rules. 

(E) MASSAGE THERAPIST MEANS AN INDIVIDUAL 
WHO HAS COMPLETED AT LEAST 500 HOURS OF 
TRAINING AT, AND HAS RECEIVED CERTIFICATION 
FROM, A SCHOOL WHICH HAS A MASSAGE TRAINING 
PROGRAM APPROVED BY THE COMMISSIONER OF 
HEALTH AND BY A PROFESSIONAL ORGANIZATION 
HAVING THE AUTHORITY TO APPROVE MASSAGE 
TRAINING PROGRAMS. 

59. Exemption. 

This subtitle shall not apply to: 
(G) MASSAGE THERAPISTS. 



29 



Ord. No. 287 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 287 

(Council BUI No. 632) 

AN ORDINANCE concerning 

URBAN RENEWAL - UPTON 
AMENDMENT NO. 12 

FOR the purpose of amending the Urban Renewal Plan 
for Upton to, among other things, authorize the 
acquisition of certain property by the Mayor and Qty 
Council of Baltimore; revise certain Appendixes and 
Exhibits attached to the Urban Renewal Plan to reflect 
the changes provided herein; waive such 
requirements, if any, as to content or procedure for 
the preparation, adoption, and approval of renewal 
plans as set forth in Article 13 of the Baltimore Qty 
Code which the amended Plan may not meet; provide 
for the severability of the various parts and provisions 
of this ordinance; provide that where the provisions 
of this ordinance shall conflict with any other 
ordinance in force in the Qty of Baltimore, the 
provision which establishes the higher standard shall 
prevail; and provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for Upton was 
originally approved by the Mayor and City Council of 
Baltimore by Ordinance 794, dated May 22, 1970 and 
amended by Ordinance 908, dated July 20, 1970, by 
Ordinance 88, dated June 21, 1972, by Ordinance 647, 
dated June 12, 1974, by Ordmance 841, dated March 31, 
1975, by Ordinance 55, dated May 28, 1976, by 



30 



Ord. No. 287 



Ordinance 697, dated April 17, 1978, by Ordinance 1064, 
dated June 20, 1979, by Ordinance 400, dated July 2, 
1981, and by Ordinance 847, dated December 11, 1986; 
and 

WHEREAS, It is necessary to amend the Urban 
Renewal Plan for Upton in order to acquire property; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan for Upton, identified as "Urban Renewal 
Plan, Upton, revised to include Amendment No. 12, dated 
September 20, 1993", having been duly reviewed and 
considered, is hereby approved and the Clerk of the Qty 
Coimcil is hereby directed to file a copy of said amended 
Urban Renewal Plan v^th the Department of Legislative 
Reference as a permanent public record and to make the 
same available for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
following changes in the plan are hereby approved: 

It is necessary to acquire, by purchase or by 
condemnation, for urban renewal purposes, the fee 
simple interest or any lesser interest in and to certain 
properties or portions thereof, together with all right, 
title, interest, and estate that the owner or owners of 
said property interests may have in all streets, alleys, 
ways, or lanes, public or private, both abutting the 
whole area described and/or contained within the 
area, situate in Baltimore Qty, Maryland, and 
described as follows: 

1205 Druid Hill Avenue 



31 



Ord. No. 287 



SEC. 3. AND BE IT FURTHER ORDAINED. That the 
newly created disposition lot as shown on Appendix A - 
Structures To Be Acquired and Removed and on Property 
Acquisition Map, Exhibit 3, dated as revised 11/15/93. is 
hereby approved. 

SEC. a 4. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Urban 
Renewal Plan approved hereby for Upton may not meet 
the requirements as to the content of a renewal plan or 
the procedures for the preparation, adoption, and 
approval of renewal plans, as provided in Article 13 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended), the said requirements are hereby waived and 
the amended Urban Renewal Plan approved hereby is 
exempted therefrom. 

SEC. 4 5. AND BE IT FURTHER ORDAINED, That in 
the event it be judicially determined that any word, 
phrase, clause, sentence, paragraph, section or part in or 
of this ordinance or the application thereof to any person 
or circumstances is invalid, the remaining provisions and 
the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invahd. 

SEC. § 6. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
of the public health and safety shall prevail. In any case 
where a provision of this ordinance is foimd to be in 
conflict with an existing provision of any other ordinance 
or code or regulation in force in the Qty of Baltimore 
which establishes a lower standard for the promotion and 



32 



Ord. No. 288 



protection of the public health and safety, the provision of 
this ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regiilation is 
hereby repealed to the extent that it may be found in 
conflict with this ordinance. 

SEC. 6 7. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved January 4, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 288 

(Council Bill No. 626) 

AN ORDINANCE concerning 

ZONING CODE - ADVERTISING ALCOHOUC BEVERAGES 

FOR the purpose of restricting the placement of outdoor 
advertisements for alcoholic beverages; and providing 
a penalty. 

BY adding 

Article 30 - Zoning 
Chapter 10 - Sign Regulations 
Section 10.0-lh 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY repealing and reordaining with amendments 
Article 30 - Zoning 

Chapter 11 - Administration and Enforcement 
Section 11.0-7 

Baltimore Qty Code (1983 Replacement Volimie, as 
amended) 



33 



Ord. No. 288 



Preamble 

WHEREAS, Sections 400-403A of Article 27 of the 
Maryland Code make it milawfiil for any person mider 
the age of 21 years to obtain, possess or control any 
alcoholic beverages in the State of Maryland, and Section 
118 of Article 2B of the Maryland Code prohibits the sale 
or furnishing of any alcoholic beverages to a person mider 
21 years of age by any licensee authorized to sell such 
products in the State of Maryland; and 

WHEREAS, Alcoholic beverages are the second most 
heavily advertised products in America (after cigarettes), 
and the alcoholic beverages industry spends more than 
$100 million annually for outdoor advertising of its 
products; and 

WHEREAS, Outdoor advertisements are a imique and 
distinguishable medium of advertising which subjects the 
general public to involuntary and imavoidable forms of 
solicitation, as the Supreme Court recognized in Packer 
Corporation v. Utah , 285 U.S. 105 (1932) by citing with 
approval the following excerpt from the opinion of the 
Utah Supreme Court: 

"Advertisements of this sort are 
constantly before the eyes of observers 
on the streets ... to be seen without 
the exercise of choice or volition on 
their part. Other forms of advertising 
are ordinarily seen as a matter of choice 
on the part of the observer. The young 
people as well as the adults have the 
message of the billboard thrust upon 
them by all the arts and devices that 
skill can produce. In the case of 
newspapers and magazines, there must 
be some seeking by the one who is to 
see and read the advertisement. The 
radio can be turned off, but not so the 
billboard .... These distinctions 
clearly place this kind of advertisement 
in a position to be classified so that 



34 



Ord. No. 288 



regulations or prohibitions may be 
imposed upon all within the class. This 
is impossible with respect to 
newspapers and magazines." 

WHEREAS, The Supreme Court and other courts have 
recognized the positive relationship between advertising 
and consumption as regards a variety of goods and 
services, such as electricity, see Central Hudson Gas & 
Elec. V. Pub. Serv. Common, 447 U.S. 557, 569 (1980) 
("There is an immediate connection between advertising 
and demand for electricity. Central Hudson would not 
contest the advertising ban unless it believed that 
promotion would increase its sales."); gambling, see 
Posades de Puerto Rico Assoc, v. Tourism Co. of Puerto 
Rico. 478 U.S. 328, 341-42 (1986) ("The Puerto Rico 
Legislature obviously believed, when it enacted the 
advertising restrictions at issue here, that advertising of 
casino gambling aimed at the residents of Puerto Rico 
would serve to increase the demand for the product 
advertised. We think the legislature's belief is a 
reasonable one . . . ."; cigarettes, see Capital Broadcasting 
Co. V. Mitchell. 33 F. Supp. 582, 586 (D.D.C. 1971) 
(three-judge court) (noting "close relationship between 
cigarette commercials broadcast on the electronic media 
and their potential influence on yoimg people."), afPd t>er 
curiam, 405 U.S. 1000 (1972); and alcohol, see Dunagin 
V. City of Oxford. 718 F.2d 738, 747-51 (1983) 
(extensively reviewing evidence on connection between 
liquor advertising and consumption and rejecting inter- 
brand competition argument), cert, den., 104 S.Ct. 3533 
(1984); and 

WHEREAS, In addition to judicial recognition of the 
general link between advertising and consumption, a 
report by the Prevention Committee of Governor William 
Donald Schaefer's Drug and Alcohol Abuse Commission 
on "The Impact of Alcohol Advertising and the Use of 
Alcohol in Television Programs and Films on Underage 
Drinking" (January, 1993) concluded: 

Research consistentiy showed that children's 
attitudes favorable to alcohol are significantly 



35 



Ord. No. 288 



related to their exposure to alcohol 
advertisements. 

Specific alcoholic beverage advertising practices 
such as use of cartoon characters and animals 
(e.g., "Spuds McKenzie") that are especially 
appealing to children and youth, using rock stars 
and athletes as spokespersons, and associating 
drinking with sports and other activities that 
have a great appeal to youth such as race car 
driving, rock climbing, v^ater sports, etc. gready 
contribute to attitudes favorable to alcohol 
among youth. 

Qiildren are exposed to billboards advertising 
alcohol on a regular basis simply by walking to 
school or playing in their neighborhood, and 
there is no practical means of parental 
monitoring or limiting of exposure to these 
public advertisements. 

The "overwhelming majority" of research studies 
showed a definite correlation between alcohol 
advertising and underage drinking. 

Glamorous "lifestyle" alcoholic beverage 
advertisements have a "profound influence" on 
young people's attitudes about alcohol. 

Research shows that when children's exposure to 
alcohol advertising increases they: 

perceive drinking as 
more attractive, 
acceptable and 
rewarding; 

view drinkers more 
positively (i.e., more 
friendly, relaxed, fun- 
loving, happy, 
sophisticated, etc.); 



36 



Ord. No. 288 



are more likely to see 
beer drinking as "cool" 
and "macho"; 

are more likely to 
believe that drinking is a 
way to relax and deal 
with stress; 

are more likely to agree 
that it is okay for 
teenagers to drink; 

are more likely to name 
alcohol than water as an 
appropriate beverage for 
adults; and 

have increased 
expectations to drink in 
the futmre. 

A variety of studies indicate that alcohol is 
involved in at least one-half of all the major 
causes of death among youth: motor vehicle 
crashes, suicides, homicides, drowning and other 
accidents. Alcohol-related accidents are now the 
leading cause of death among young people; and 

WHEREAS, The 1992 Maryland Adolescent Drug 
Survey conducted by the Maryland Department of 
Education found that: 

11.8% of 6th graders, 26.2% of 8th graders, 
40.8% of 10th graders, and 52.9% of 12th 
graders reported use of alcohol within the past 
30 days. Of these children, 1.9% of 6th graders, 
6.3% of 8th graders, 19.9% of 10th graders and 
32.4% of 12di graders reported binge drinking 
(5 or more servings) v^thin the past 30 days. 

Over 25% of eighth graders report being in a car 
driven by someone under the influence of 



37 



Ord. No. 288 



alcohol; that figure exceeds 60% by the 12th 
grade. 

Nearly 40% of students reported that they 
themselves have driven within one hour of 
consuming one to four alcoholic beverages on at 
least one occasion within the past year. 

Alcohol is overwhelmingly and consistently the 
most widely used drug at all adolescent age 
levels. 

Alcohol is a "gateway" drug among Maryland 
students, i.e., a substance often used by 
adolescents as a first drug which appears to 
"open the door" for use of harder drugs at a later 
date; and 

WHEREAS, According to 1992 reports by then U.S. 
Surgeon General, Dr. Antonia Novello ('Youth and 
Alcohol: Dangerous and Deadly Consequences") and then 
U.S. Inspector General, Richard Kusserow ("Youth and 
Alcohol: Drinking and Crime"): 

about one-third of all juvenile 
males arrested said they had 
used alcohol in the previous 
72 hours. 

nearly 40% of youths in adult 
correctional facilities reported 
drinking before committing 
the crime. 

18% of high school females 
and 39% of high school males 
say that "it's okay to force sex 
if the girl is drunk." 

a "striking association" exists 
between alcohol use and 
using firearms to conmiit 
suicide by 10-to 19-year olds. 



38 



Ord. No. 288 



40% to 50% of young males 
who drowned had consumed 
alcohol prior to drowning. 

40% to 50% of youths injured 
diving had consumed alcohol 
prior to diving. 

Among high school seniors, 
twice as many frequent binge 
drinkers skipped school (55% 
versus 25%), and nearly five 
times as many seniors who 
hinged frequently damaged 
school property (36% versus 
8%); and 

WHEREAS, hi Senate Bill 808, signed by Governor 
William Donald Schaefer on May 27, 1993, the Maryland 
General Assembly specifically authorized Baltimore Qty to 
enact an ordinance restricting the placement of certain 
advertisements for alcoholic beverages in order to 
promote the welfare and temperance of minors; and 

WHEREAS, An ordinance restricting the placement of 
advertisements for alcoholic beverages in publicly visible 
locations within Baltimore Qty is necessary for the 
promotion of the welfare and temperance of minors 
exposed to such advertisements; and 

WHEREAS, The restrictions contained in the following 
ordinance will not imduly burden legitimate business 
activities of persons licensed by the State of Maryland to 
sell alcoholic beverages on a retail basis; and 

WHEREAS, hi order to protect legitimate business 
activities and to narrowly focus its efforts on those 
advertisements which most directly affect minors where 
they live, attend school, attend church and engage in 
recreational activities, the Baltimore Qty Coimcil has 
determined to exercise less than the complete authority 
conferred on it by Senate Bill 808 (Chapter 637, 1993 
Acts of the General Assembly) and has determined 



39 



Ord. No. 288 



specifically not to restrict advertisements of alcoholic 
beverages in certain designated business and industrial 
zones hereinafter identified, with reasonable and 
appropriate setbacks from adjoining zones; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
Amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 10 - Sign Regiilations 

10.0-1 General Requirements. 

H. ALCOHOUC BEVERAGE ADVERTISEMENTS. 
NO PERSON MAY PLACE ANY SIGN, POSTER, 
PLACARD, DEVICE, GRAPHIC DISPLAY, OR ANY 
OTHER FORM OF ADVERTISING THAT 
ADVERTISES ALCOHOUC BEVERAGES IN 
PUBLICLY VISIBLE LOCATIONS. IN THIS 
SECTION "PUBLICLY VISIBLE LOCATIONS" 
INCLUDES OUTDOOR BILLBOARDS, SIDES OF 
BUILDING, AND FREESTANDING SIGNBOARDS. 
THIS SECTION SHALL NOT APPLY TO: 

1. THE PLACEMENT OF SIGNS, 

INCLUDING ADVERTISEMENTS: (D 
INSIDE "LICENSED PREMISES" AS 
DEFINED IN ARTICLE 2B OF THE 
MARYLAND CODE; (ID ON 
COMMERCL\L VEHICLES USED FOR 
TRANSPORTING ALCOHOLIC 
BEVERAGES; OR (III) IN 
CONJUNCTION WITH A 1-DAY 
ALCOHOUC BEVERAGES LICENSE OR 
A TEMPORARY LICENSE GRANTED 
BY THE BOARD OF LICENSE 
COMMISSIONERS; 



40 



Ord. No. 288 



2. ANY SIGN THAT CONTAINS THE 
NAME OR SLOGAN OF THE 
"LICENSED PREMISES" THAT HAS 
BEEN PLACED FOR THE PURPOSE OF 
IDENTIFYING THE "LICENSED 
PREMISES"; 

3. EXCEPT FOR BILLBOARDS AND 
FREESTANDING SIGNBOARDS, ANY 
SIGN FOR WHICH ZONING BOARD 
APPROVAL OR A MINOR PRIVILEGE 
PERMIT IS REQUIRED; 

4. ANY SIGN THAT CONTAINS A 
GENERIC DESCRIPTION OF BEER, 
WINE, LIQUOR, OR SPIRITS, OR ANY 
OTHER GENERIC DESCRIPTION OF 
ALCOHOUC BEVERAGES; 

5. ANY NEON OR ELECTRICALLY 
CHARGED SIGN ON "LICENSED 
PREMISES" THAT IS PROVIDED AS 
PART OF A PROMOTION OF A 
PARTICULAR BRAND OF ALCOHOLIC 
BEVERAGE; 

6. ANY SIGN ON AN MTA VEHICLE OR A 
TAXICAB; 

7. ANY SIGN ON PROPERTY OWNED, 
LEASED OR OPERATED BY THE 
MARYLAND STADIUM AUTHORITY; 

8. ANY SIGN AT MEMORIAL STADIUM; 

9. ANY SIGN AT A FAdLITY THAT 
OPERATES IN ACCORDANCE WITH A 
UCENSE ISSUED UNDER §11-304 OF 
THE BUSINESS REGULATION 
ARTICLE OF THE MARYLAND CODE; 



41 



I 



Ord. No. 288 



10. ANY SIGN ON PROPERTY ADJACENT 
TO AN INTERSTATE HIGHWAY; OR 

11. ANY SIGN LOCATED: (!) IN A B-4 
ZONE, (ID IN A M-3 ZONE MORE 
THAN 1,000 FEET FROM THE 
BOUNDARY OF ANY OTHER ZONE 
WHICH IS NOT A B-4 OR M-3 ZONE, 
(in) IN A M-3 ZONE MORE THAN 500 
FEET FROM THE BOUNDARY OF ANY 
OTHER ZONE WHICH IS NOT A B-4 
OR M-3 ZONE PROVIDED SUCH SIGN 
FACES AWAY FROM ANY SUCH 
OTHER ADJOINING ZONE. 

Chapter 11 - Administration and Enforcement 

11.0-7 Penalties for violation. 

Any person who violates, disobeys, omits, neglects, 
refuses to comply with, or resists the enforcement of any 
of the provisions of this ordinance shall be guilty of a 
misdemeanor and, upon conviction in any court of 
competent jurisdiction, shall be fined not less than 25 nor 
more than 500 doUars; ANY PERSON FOUND GUILTY OF 
VIOLATING A PROVISION OF SECTION 10.0-lh MAY BE 
FINED UP TO 1,000 DOLLARS. Every such person shall be 
deemed guilty of a separate offense for every day such 
violation shall continue after notification thereof. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance may only be applied to or interpreted to have 
an effect on any contract executed after the effective date 
of this ordinance and to any renewal term of a preexisting 
contract begiiming after the effective date of this 
ordinance. 

SEC. 3. AND BE IT FURTHER ENACTED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved January 6, 1994 

KURT L. SCHMOKE, Mayor 



42 



I 



Ord. No. 289 

CITY OF BALTIMORE 

ORDINANCE NO. 289 

(CouncU BUI No. 379) 

AN ORDINANCE concerning 

PARKING METERS - WEST MADISON STREET 

FOR the purpose of prohibiting the installation of parking 
meters on Madison Street between Charles Street and 
Howard Street. 

BY adding 

Article 31 - Transit and Traffic 
Subtitle - Parking Meters 
Section 132A 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volimie, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Parking Meters 

132A. INSTALLATION PROHIBITED. 

PARKING METERS SHALL NOT BE INSTALLED ON 
EITHER SIDE OF MADISON STREET BETWEEN CHARLES 
STREET AND HOWARD STREET. 

SEC. 2. AND BE IT FURTHER ORDAINED, That any 
parking meters installed on Madison Street between 
Charles Street and Howard Street shall be removed on the 
effective date of this ordinance. 



43 



Ord. No. 290 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved January 21, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 290 

(Council Bill No. 539) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CHERRY STREET 

FOR the purpose of repealing Ordinance No. 1083, 
approved October 30, 1987, which provided for 
reserved handicapped parking on the north side of 
Cherry Street west of Pennington Avenue for Joseph 
F. McDorman. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 
1083, approved October 30, 1987, be and it is hereby 
repealed, and the authorization for reserved handicapped 
parking on the north side of Cherry Street west of 
Pennington Avenue for Joseph F. McDorman therein 
provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved January 21, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 291 
(Council Bill No. 542) 



44 



Ord. No. 291 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 818 SOUTH BROADWAY 

FOR the purpose of authorizing the construction and 
maintenance of two open areaway entrances and 
steps projecting into the public right-of-way on the 
Thames Street side of the property known as 818 
South Broadway. 

BY authority 

Article 32 - Building Code 

Subtide - Article 5 - General Building Limitations 
Section 507.1, 507.2, 507.8 
Baltimore Qty Building Code (1990 edition, as 
amended) 

SECTION 1. BE IT ORDAINED, BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the construction 
and maintenance of two open areaway entrances and 
steps projecting into the public right-of-way on the 
Thames Street side of the property known as 818 South 
Broadway are hereby authorized. 

The open areaway entrance and steps for exiting from 
the lower level of the new Thames Street building shall be 
approximately 14 feet 3 inches long and the east end 
shall be covered by a platform 4 feet 6 inches long, all 
projecting into the right-of-way approximately 4 feet. 

The open areaway entrance and steps for exiting from 
the lower level of the old Thames Street building shall be 
approximately 15 feet long and the southeast end shall be 
covered by a platform 9 feet long, all projecting into the 
right-of-way approximately 4 feet 6 inches irregular. 

The new steps entering the ground floor of the new 
Thames Street building shall be approximately 5 feet 6 
inches long projecting 3 feet 6 inches into the public 
right-of-way and 3 feet 8 inches long projecting 3 feet 1 
inch into the public right-of-way. 



45 



Ord. No. 292 



Except as specifically provided in this ordinance, all 
ordinances and all rules and regulations of the Mayor and 
Qty Council of Baltimore shall be complied with in the 
construction and maintenance of these structures. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved January 21, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 292 

(Council Bill No. 636) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - CHERRY STREET 

FOR the purpose of repealing Ordinance No. 900, 
approved March 27, 1987, which provided for 
reserved handicapped parking on the south side of 
Cherry Street west of Curtis Avenue for Betty Lou 
Milbum. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 900, 
approved March 27, 1987, is hereby repealed and the 
authorization for reserved handicapped parking on the 
south side of Cherry Street west of Curtis Avenue for 
Betty Lou Milbum therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved January 21, 1994 

KURT L. SCHMOKE, Mayor 



46 



Ord. No. 293 



CITY OF BALTIMORE 
ORDINANCE NO. 293 

(Council BUI No. 560) 

AN ORDINANCE concerning 

FRANCHISE - UNDERGROUND CONDUIT AND 
DUCTBANK NEAR CHARLES AND 27TH - 35TH STREETS 

FOR the purpose of granting permission and authority to 
The Johns Hopkins University to construct, use and 
maintain underground conduits and ductbanks in the 
vicinity of Charles and 27th through 35th Streets. 

By authority of 

Article VIII - Franchises 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission and 
authority are hereby granted to The Johns Hopkins 
University, its tenants, successors, and assigns, hereinafter 
referred to as the "Grantee" to construct, use, and 
maintain, at its own cost and expense, for a period not to 
exceed twenty-five (25) years, underground conduits and 
ductbanks at the following locations in the vicinity of 
Charles and 27th through 35th Streets. 

One hundred eighty-five (185) feet of 4-inch 
concrete-encased conduit across Charles Street 
just north of 33rd Street. 

Sixty-five (65) feet of 4-inch concrete encased 
conduit across 34th Street between McCoy and 
Woman Halls. 

Thirty-four hundred (3400) feet of ductbank, 
consisting of two (2) 4-inch concrete encased 
conduits and eleven bandboxes to be installed 
from the southwest side of the building located 
at 3401 N. Charles Street, west to N. Charles 



47 



Ord. No. 293 



Street, north in the east median to the building 
located at 3505 N. Charles Street and south on 
N. Qiarles Street in the east median, south 
across 29th Street, east to Lovegrove, south in 
Lovegrove to the northwest side of the building 
located at 2715 N. Charles Street. The ductbank 
will branch off from N. Charles Street to 
additional buildings located at 3211 and 3003 N. 
Charles Street. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
franchise or right granted by this ordinance shall be 
executed and enjoyed within six (6) months after the 
grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall pay to the 
Mayor and Qty Council of Baltimore, as compensation for 

the franchise or privilege hereby granted, the sum of 

per year, payable in advance during the continuance of 
this franchise or privilege, or any renewal thereof; and 
subject to the increase or decrease of this charge as 
provided in Section 4 herein. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
Mayor and Qty Council of Baltimore hereby expressly 
reserves that right and power, at all times, to exercise, in 
the interest of the public, full municipal superintendence, 
regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms 
thereof. The franchise herein granted shall be held, 
exercised, and enjoyed for a period of one year from the 
effective date of this ordinance, v^th the further right to 
the Grantee to twenty-four (24) consecutive one-year 
renewals of the franchise, each such renewal to be for a 
period of one year, upon the same terms and conditions 
as the original one year grant, except as otherwise 
provided herein. Each one year renewal period shall take 
effect immediately upon the expiration of the original or 
renewal term then in force, without any action being 
taken on behalf of either the Mayor and Qty Council of 
Baltimore or the Grantee, by the total period of time 
during which the franchise shall operate, including the 



48 



Ord. No. 293 



original term and all renewals thereof, shall not exceed, 
in the aggregate twenty-five years. Provided, that the 
Mayor and Qty Council of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease 
the franchise charge payable by the Grantee under the 
provisions hereof, by giving written notice to that effect to 
the Grantee at least one hundred and fifty (150) days 
prior to the expiration of the original one year term, 
granted herein, or any yearly renewal term herein granted 
and then in effect; any such increase or decrease of said 
franchise charge to be operative as to all yearly renewal 
terms herein granted which become effective after any 
increase or decrease in said franchise charge has 
occurred. Provided further, that either the Mayor and 
Qty Coimcil of Baltimore, acting by and through the 
Director of Public Works, or the Grantee may terminate 
the franchise granted herein, by giving vmtten notice to 
that effect to the other, at least ninety (90) days prior to 
the expiration of the original one year term granted 
herein or any one year renewal term herein granted and 
then in effect. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
structures for which the franchise is herein granted shall 
be maintained m compliance with all applicable laws and 
regulations of Baltimore Qty. The maintenance of the 
structures for which the franchise is herein granted shall 
be tmder the supervision of the Grantee and shall be at all 
times hereafter subject to the regulation and control of 
the Commissioner of the Department of Housing and 
Community Development and the Director of the 
Department of Public Works. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
said Grantee shall maintain the structures for which the 
franchise is herein granted in good condition throughout 
the full term of this grant, so long as they exist at the 
location described herein. In the event die said structures 
for which the franchise is herein granted must be 
readjusted, relocated, protected, or supported to 
accommodate a public improvement, the Grantee shall 
pay all costs in connection therewith. 



49 



Ord. No. 293 



SEC. 7. AND BE IT FURTHER ORDAINED, That 
noncompliance by the Grantee with any of the terms or 
conditions of the grant hereby made shall, at the option 
of the Mayor and Qty ODuncil of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and 
become void, and that nothing other than an ordinance of 
the Mayor and Qty Council of Baltimore shall operate as 
a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
Mayor of Baltimore Qty shall have the right to revoke 
without prior notice, at any time or times, the rights and 
privileges hereby granted when, in the Mayor's judgment, 
the public interest, welfare, safety, or convenience 
requires such revocation and, upon written notice to that 
effect from the Mayor of Baltimore served upon the 
Grantee hereunder, its successors and assigns, all rights 
under this ordinance shall cease and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in 
the event of any revocation, forfeiture, or termination for 
any reason whatsoever of the rights and privileges by this 
ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, 
remove the structures for which the franchise is herein 
granted in a manner satisfactory to the Commissioner, 
Department of Housing and Community Development, 
and the Director of Public Works of Baltimore Qty, such 
removal to be made without any compensation to the 
Grantee, its successors and assigns, and to be completed 
within such time as shall be specified in vmting by the 
said Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That die 
said Grantee, its successors and assigns, shall be liable for 
and shall indemnify and save harmless the Mayor and 
Qty Council of Baltimore against any and all suits, losses, 
costs, claims, damages, or expenses to which the said 
Mayor and Qty Coimcil of Baltimore shall from time to 
time be subjected on account of, or in any way resulting 
from: 



50 



Ord. No. 294 



a. The presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation, or 
removal of the structures for which the franchise is herein 
granted; and 

b. Any failure on the part of said Grantee, its 
successors and assigns, to perform, promptly and 
properly, any of the duties or obligations imposed upon it 
or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 14, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 294 

(Council Bill No. 599) 

AN ORDINANCE concerning 

URBAN RENEWAL - JOHNSTON SQUARE - 
AMENDMENT NO. 7 

FOR the purpose of amending the Urban Renewal Plan 
for the Johnston Square Area to, among other things, 
authorize the acquisition of certain properties by the 
Mayor and Qty Coimcil of Baltimore for urban 
renewal purposes; create new disposition lots for 
residential and right-of-way use; expand the lot lines 
of certain existing residential disposition lots and 
change the intended treatment of certain of the 
properties to be added from rehabilitation to 
clearance; revise certain appendices and exhibits to 
reflect the changes provided herein; waive such 
requirements, if any, as to content or procedure for 
the preparation, adoption, and approval of renewal 
plans as set forth in Article 13 of the Baltimore Qty 
Code which the Urban Renewal Plan for Johnston 



51 



Ord. No. 294 



Square may not meet; provide for the separability of 
the various parts and applications of this Ordinance; 
provide that where the provisions of this Ordinance 
shall conflict with any other ordinance in force in the 
Qty of Baltimore, the provision which establishes the 
higher standard shall prevail; and provide for an 
effective date hereof. 

WHEREAS, An Urban Renewal Plan for Johnston 
Square was originally approved by the Mayor and Qty 
Council of Baltimore by Ordinance 357, dated Jime 27, 
1977 and amended by Ordinance 703, dated April 25, 
1978, by Ordinance 1110, dated Jime 27, 1979, by 
Ordinance 342, dated Jime 19, 1981, by Ordinance 771, 
dated September 1, 1982, by Ordinance 569, dated 
December 13, 1985, and by Ordinance 146, dated July 6, 
1988; and 

WHEREAS, It is necessary to amend the Urban 
Renewal Plan for Johnston Square to, among other 
things, acquire 81 properties and make other changes 
necessary to assemble land and structures to permit the 
development of new and rehabilitated housing for low- 
and moderate-income homeowners in connection with the 
Nehemiah III project in East Baltimore; and 

WHEREAS, Pursuant to Article 13 of the Baltunore 
City Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan^ namely the preparation of 
such change or changes by the Department of Housing 
and Community Development, the approval of such 
change or changes by the Director of the Department of 
Planning, and approval and adoption by an ordinance of 
the Mayor and Qty Council of Baltimore after a public 
hearing in relation thereto, all in the manner set forth in 
said Article 13; and 

WHEREAS, The Department of Housing and 
Commimity Development has prepared an amended 



52 



Ord. No. 294 



Urban Renewal Plan for Johnston Square to incorporate 
these changes; and 

WHEREAS, Said amended Urban Renewal Plan has 
been approved by the Director of the Department of 
Planning with respect to its conformity as to the Master 
Plan, the detailed location of any public improvements 
proposed in the amended Renewal Plan, its conformity to 
the rules and regulations for subdivisions, and its 
conformity to existing zoning classifications; and said 
amended Urban Renewal Plan has been approved and 
recommended to the Mayor and Qty Council of Baltimore 
by the Commissioner of the Department of Housing and 
Community Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan, identified as "Urban Renewal Plan 
Johnston Square" revised to include Amendment No. 7, 
dated April 27, 1993, having been duly reviewed and 
considered, is hereby approved and the Qerk of the Qty 
Council is hereby directed to file a copy of said amended 
Urban Renewal Plan with the Department of Legislative 
Reference as a permanent public record and to make the 
same available for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is 
necessary to acquire, by piurchase or by condemnation, for 
urban renewal purposes, the fee simple interest or any 
lesser interest in and to certain properties or portions 
thereof, together with all right, title, interest and estate 
that the owner or owners of said prop)erty interests may 
have in all streets, alleys, ways or lanes, public or private, 
both abutting the whole area described and/or contained 
within the perimeter of said area, situate in Baltimore 
Qty, Maryland, and described as follows: 

1101/05 Aisquith Street 
1125 Aisquith Street 

702 E. Biddle Street 
710 E. Biddle Street 
712 E. Biddle Street 



53 



Ord. No. 294 



714 E. Biddle Street 

716 E. Biddle Street 

718 E. Biddle Street 
720 E. Biddle Street 
722 E. Biddle Street 
902 E. Biddle Street 
904 E. Biddle Street 
906 E. Biddle Street 
920 E. Biddle Street 
924 E. Biddle Street 
926 E. Biddle Street 
938 E. Biddle Street 

1305 E. Biddle Street 

1307 E. Biddle Street 
1323 E. Biddle Street 
1325 E. Biddle Street 

700 E. Chase Street 
707 E. Chase Street 
713 E. Chase Street 

715 E. Chase Street 

717 E. Chase Street 

719 E. Chase Street 
725 E. Chase Street 
813 E. Chase Street 

1222 E. Eager Street 

1306 E. Eager Street 

1308 E. Eager Street 
1312 E. Eager Street 

1022 N. Eden Street 
1024 N. Eden Street 
1026 N. Eden Street 
1114 N.Eden Street 

1108 Homewood Avenue 
1112 Homewcx)d Avenue 
1122 Homewood Avenue 
1124 Homewood Avenue 
1126 Homewood Avenue 
1132 Homewood Avenue 
1136 Homewood Avenue 



54 



Ord. No. 294 



1216 Homewood Avenue 

745 E. Preston Street 
911 E. Preston Street 
913 E. Preston Street 
921 E. Preston Street 

1014 Valley Street 

1018 Valley Street 

1019 Valley Street 
1021 Valley Street 
1040 Valley Street 
1203 Valley Street 
1209 Valley Street 
1211 Valley Street 
1213 Valley Street 

1201 Wilcox Street 

1202 Wilcox Street 

1203 Wilcox Street 

1204 Wilcox Street 

1205 Wilcox Street 

1206 Wilcox Street 

1207 Wilcox Street 

1208 Wilcox Street 

1209 Wilcox Street 

1210 Wlcox Street 

1211 Wilcox Street 

1212 Wilcox Street 

1213 Wilcox Street 

1214 Wilcox Street 

1215 Wilcox Street 

1216 Wilcox Street 

1217 Wilcox Street 

1218 Wilcox Street 

1219 Wilcox Street 
1221 Wilcox Street 
1223 Wilcox Street 
1225 Wilcox Street 

Lot 86, Block 1157, Section 4, Ward 10 



55 



Ord. No. 294 



SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Department of Real Estate, Office of the Comptroller, or 
such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore Qty Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and Qty Council of 
Baltimore and for the purposes described in this 
Ordinance, the fee simple interest or any lesser interest in 
and to the properties or portions thereof hereinabove 
mentioned. If the said Department, person or persons is 
or are unable to agree with the owner or owners on the 
purchase price for said properties or portions thereof, it or 
they shall forthwith notify the Qty Solicitor of Baltimore 
Qty, who shall thereupon institute in the name of the 
Mayor and Qty Council of Baltimore the necessary legal 
proceedings to acquire by condemnation the fee simple 
interest or any lesser interest in and to said properties or 
portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
newly created disposition lots for residential (both new 
construction and rehabilitation) and Rightof-Way use - 
all as shown in the amended Renewal Plan on Exhibit 1 - 
Land Use Plan, Exhibit 3, Land Disposition, dated as 
revised April 27, 1993 and in Appendix A, Properties for 
Acquisition and Disposition for Rehabilitation -are hereby 
approved. 

SEC. 5. AND BE IT FURTHER ORDAINED, That 
certain existing Residential disposition lots shall be 
expanded and the treatment of certain of the properties 
to be added will be changed from rehabilitation to 
clearance all as shown in the amended Urban Renewal 
Plan on said Exhibit 3 - Land Disposition and on said 
Appendix A, Properties for Acquisition and Disposition for 
Rehabilitation, dated as revised April 27, 1993. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
following revised Appendix and Exhibits which contain 
the changes provided herein are hereby approved: 
Appendix A - Properties for Acquisition and Disposition 
for Rehabilitation; Exhibit 1 - Land Use Plan; Exhibit 2 - 



56 



Ord. No. 294 



Property Acquisition; and Exhibit 3 - Land Disposition, all 
dated as revised April 27, 1993. 

SEC. 7. AND BE FT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Renewal Plan 
approved hereby may not meet the requirements as to the 
content of a Renewal Plan or the procedures for the 
preparation, adoption, and approval of renewal plans, as 
provided in Article 13 of the Baltimore Qty Code (1983 
Replacement Volimie, as amended), the said requirements 
are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 8. AND BE IT FURTHER ORDAINED, That in the 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
Ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and Qty Coimcil hereby declaring that they would have 
ordained the remaining provisions of this Ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part or the application thereof so held invalid. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this Ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire, or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
and protection of the public health and safety shall 
prevail. In any case where a provision of this Ordinance 
is found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City 
of Baltimore which estabUshes a lower standard for the 
public health and safety, the provision of this Ordinance 
shall prevail, and the other existing provision of such 
other ordinance or code or regulation is hereby repealed 



57 



Ord. No. 295 



to the extent that it may be found in conflict with this 
Ordinance. 

SEC. 10. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved February 14, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 295 

(Council Bill No. 600) 

AN ORDINANCE concerning 

URBAN RENEWAL - OLIVER - AMENDMENT NO. 10 

FOR the purpose of amending the Urban Renewal Plan 
for the Oliver Area to, among other things, authorize 
the acquisition of certain properties by the Mayor and 
City Council of Baltimore for urban renewal purposes; 
create new disposition lots for residential 
rehabilitation; revise certain exhibits to reflect the 
changes provided herein; waive such requirements, if 
any, as to content or procedure for the preparation, 
adoption, and approval of renewal plans as set forth 
in Article 13 of the Baltimore Qty Code which the 
Urban Renewal Plan for Oliver may not meet; provide 
for the separability of the various parts and 
applications of this Ordinance; provide that where the 
provisions of this Ordinance shall conflict with any 
other ordinance in force in the Qty of Baltimore, the 
provision which establishes the higher standard shall 
prevail; and provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for Oliver was 
originally approved by the Mayor and Qty Coimcil of 
Baltimore by Ordinance 1067, dated May 17, 1971 and 
amended by Ordinance 1176, dated November 15, 1971, 
by Ordinance 34, dated April 10, 1972, by Ordinance 



58 



Ord. No. 295 



470, dated November 14, 1973, by Ordinance 737, dated 
October 17, 1974, by Ordinance 842, dated March 31, 
1975, by Ordinance 63, dated June 15, 1976, by 
Ordinance 347, dated June 20, 1977, by Ordinance 1030, 
dated May 24, 1979, and by Ordinance 680, dated April 
12, 1991; and 

WHEREAS, It is necessary to amend the Urban 
Renewal Plan for Oliver to acquire 46 vacant structures 
for rehabilitation to provide housing for low-and 
moderate-income homeowners in connection with the 
Nehemiah III development project in East Baltimore; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan, namely the preparation of 
such change or changes by the Department of Housing 
and Community Development, the approval of such 
change or changes by the Director of the Department of 
Planning, and approval and adoption by an ordinance of 
the Mayor and Qty Council of Baltimore after a public 
hearing in relation thereto, all in the manner set forth in 
said Article 13; and 

WHEREAS, The Department of Housing and 
Community Development has prepared an amended 
Urban Renewal Plan for Oliver to incorporate these 
changes; and 

WHEREAS, Said amended Urban Renewal Plan has 
been approved by the Director of the Department of 
Planning with respect to its conformity as to the Master 
Plan, the detailed location of any public improvements 
proposed in the amended Renewal Plan, its conformity to 
the rules and regulations for subdivisions, and its 
conformity to existing zoning classifications; and said 
amended Urban Renewal Plan has been approved and 
recommended to the Mayor and Qty Coimcil of Baltimore 



59 



Ord. No. 295 



by the Conunissioner of the Department of Housing and 
Community Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan, identified as "Urban Renewal Plan, Oliver 
Neighborhood Development Program Urban Renewal 
Area" revised to include Amendment No. 10, dated April 
26, 1993, having been duly reviewed and considered, is 
hereby approved and the Qerk of the Qty Council is 
hereby directed to file a copy of said amended Urban 
Renewal Plan with the Department of Legislative 
Reference as a permanent public record and to make the 
same available for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That it is 
necessary to acquire, by purchase or by condemnation, for 
urban renewal purposes, the fee simple interest or any 
lesser interest in and to certain properties or portions 
thereof, together with all right, title, interest and estate 
that the owner or owners of said property interests may 
have in all streets, alleys, ways or lanes, public or private, 
both abutting the whole area described and/or contained 
within the perimeter of said area, situate in Baltimore 
Qty, Maryland, and described as follows: 

1022 E. Biddle Street 
1102 E. Biddle Street 

1217 N. Caroline Street 
1229 N. Caroline Street 
1231 N. Caroline Street 
1317 N. Caroline Street 
1409 N. Caroline Street 
1411 N. Caroline Street 
1510 N. Caroline Street 
1519 N. Caroline Street 
1607 N. Caroline Street 
1612 N. Caroline Street 
1615 N. Caroline Street 
1727 N. Caroline Street 

1222 N. Eden Street 



60 



Ord. No. 295 



1232 N. Eden Street 
1301 N. Eden Street 
1303 N. Eden Street 
1305 N. Eden Street 
1307 N. Eden Street 
1309 N. Eden Street 
1311 N. Eden Street 
1313 N. Eden Street 
1315 N. Eden Street 
1317 N. Eden Street 
1319 N. Eden Street 
1327 N. Eden Street 
1329 N. Eden Street 
1331 N. Eden Street 
1335 N. Eden Street 
1420 N. Eden Street 
1430 N. Eden Street 
1432 N. Eden Street 
1440 N. Eden Street 
1442 N. Eden Street 

1403/05 E. Lafayette Avenue 
1409 E. Lafayette Avenue 

1208 E. Preston Street 
1212 E. Preston Street 
1216 E. Preston Street 
1218 E. Preston Street 
1220 E. Preston Street 
1222 E. Preston Street 
1228 E. Preston Street 
1232 E. Preston Street 
1236 E. Preston Street 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Department of Real Estate, Office of the Comptroller, or 
such person or persons and in such manner as the Board 
of Estimates, in the exercise of the power vested in it by 
Article V, Section 5, of the Baltimore Qty Charter, may 
hereafter from time to time designate, is or are authorized 
to acquire on behalf of the Mayor and Qty Coimcil of 
Baltimore and for the purposes described in this 
Ordinance, the fee simple interest or any lesser interest in 



61 



Ord. No. 295 



and to the properties or portions thereof hereinabove 
mentioned. If the said Department, person or persons is 
or are unable to agree with the owner or owners on the 
pm-chase price for said properties or portions thereof, it or 
they shall forthwith notify the Qty Solicitor of Baltimore 
Qty, who shall thereupon institute in the name of the 
Mayor and Qty Council of Baltimore the necessary legal 
proceedings to acquire by condemnation the fee simple 
interest or any lesser interest in and to said properties or 
portions thereof. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
newly created disposition lots for residential rehabilitation 
- all as shown in the amended Urban Renewal Plan on 
Exhibit 3, Land Disposition, dated as revised April 26, 
1993 and in Exhibit B, Properties for Acquisition and 
Disposition for Rehabilitation - are hereby approved. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
following revised Exhibits which contain the changes 
provided herein are hereby approved: Exhibit B - 
Properties for Acquisition and Disposition for 
Rehabilitation; Exhibit 2 - Property Acquisition; and 
Exhibit 3 - Land Disposition, all dated as revised April 26, 
1993. 

SEC. 6. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Renewal Plan 
approved hereby may not meet the requirements as to the 
content of a Renewal Plan or the procedures for the 
preparation, adoption, and approval of renewal plans, as 
provided in Article 13 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), the said requirements 
are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 7. AND BE IT FURTHER ORDAINED, That in the 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
Ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 



62 



Ord. No. 296 



and Qty Council hereby declaring that they would have 
ordained the remaining provisions of this Ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part or the application thereof so held invalid. 

SEC. 8. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this Ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire, or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
and protection of the public health and safety shall 
prevail. In any case where a provision of this Ordinance 
is found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the Qty 
of Baltimore which estabUshes a lower standard for the 
public health and safety, the provision of this Ordinance 
shall prevail, and the other existing provision of such 
other ordinance or code or regulation is hereby repealed 
to the extent that it may be found in conflict with this 
Ordinance. 

SEC. 9. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved February 14, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 296 
(Council BUI No. 603) 
AN ORDINANCE concerning 

CITY PROPERTY SALE - 515 NORTH BEND ROAD 



63 



I 



Ord. No. 296 



FOR the purpose of authorizing the Mayor and Qty 

Council of Baltimore to sell at either public or private 
sale all of the interest of the Mayor and Qty Council 
of Baltimore in and to a certain parcel of land and 
improvements situated at 515 North Bend Road, 
Baltimore, Maryland, said parcel of land and 
improvements being no longer needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty be and she is hereby authorized to sell, at 
either public or private sale in accordance with Article V, 
Section 5(b) of the City Charter (1964 Revision, as 
amended), all of the interest of the Mayor and City 
Council of Baltimore in and to a certain parcel of land 
and improvements, situated at 515 North Bend Road, 
Baltimore, Maryland, and described as follows: 

515 North Bend Road (Ward 28, Section 5, Block 
8038, Lot 3) .574 acre parcel of land. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith until the 
same shall have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 14, 1994 

KURT L. SCHMOKE, Mayor 



64 



Ord. No. 297 



CITY OF BALTIMORE 

ORDINANCE NO. 297 

(Council BUI No. 617) 

AN ORDINANCE concerning 

CITY PROPERTY - GRANT OF EASEMENT 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore to grant an easement for utility 
facilities in that certain parcel of land known as part 
of the Liberty Reservoir property in Carroll Coimty, 
Maryland. 

BY authority of 

Article V - Comptroller 

Section 5 (b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore City is hereby authorized to grant an easement 
to the Baltimore Gas and Electric Company for the 
construction, reconstruction, modification, operation and 
maintenance of the Company's utility faciUties upon, over 
or under said right-of-way easement, in accordance with 
Article V, Section 5 (b) of the Qty Charter, on that parcel 
of land situate in Carroll County, Maryland, described on 
Exhibit A attached hereto and made a part hereof, subject 
to the following conditions: 

1. The plans and specifications for use of said 
right-of-way shall be approved in writing by 
the Qty before construction. 

2. The city and its employees or agents shall 
have access to the right-of-way easement 
area at all times when necessary for public 
purposes. 



65 



Ord. No. 297 



3. Grantee shall maintain the right-of-way at 
its sole cost and expense. 

4. The Qty shall be protected, indemnified 
and saved harmless from all legal action, 
losses and damages resulting from injury to 
persons or damage to property caused by 
the use of the easement by the Grantee, its 
assigns and invitees. 

5. No structures shall be erected by the 
Grantee over the easement area except for 
facilities approved in advance by the Qty. 

6. Any and all construction on or within the 
Property herein described which affects the 
Qty-owned Liberty Reservoir shall be in 
accordance with the requirements of the 
Baltimore Qty Department of PubHc Works 
and subject to inspection and approval 
thereof. 

7. Grantee also agrees that before any entry or 
acts that may affect the City's reservoir 
occur, the said Department of Public Works 
will be notified in writing. 

8. The terms, conditions and agreements 
contained in this Easement Agreement shall 
be considered covenants running with the 
land. 

9. The terms, conditions and agreements 
contained in this Easement Agreement shall 
bind the successors and assigns of both 
Grantor and Grantee. 

10. Failure by the Grantee to comply with any 
terms, conditions and agreements contained 
in this Easement Agreement will be 
considered a breach of the Agreement. In 
the event that the Grantee fails to cure any 
breach v^thin ten (10) days after being so 



66 



Ord. No. 297 



notified by the Qty, the Qty may at its sole 
discretion unilaterally declare this 
Agreement to be Null and Void by filing a 
Declaration to that effect among the Land 
Records of Carroll County. 

11. The Grantee shall pay fair market value of 
$600.00 for said easement as determined 
by the Qt/s Real Estate Officer. 

12. Grantor and Grantee agree that: (1) all 
openings and excavations shall be properly 
refilled and the property left in good and 
safe condition; and (2) the Grantor shall 
have the right to: (a) cross and extend 
roads and public utility facilities across the 
right-of-way anywhere except within fifty 
feet (50') of any structure of Grantee, and 
(b) occupy the right-of-way and (c) use the 
same in any other manner as long as such 
uses will not interfere with the construction, 
reconstruction, modification, operation and 
maintenance of the Grantee's utility 
facilities; and (3) no buildings or structures 
shall be permitted on the right-of-way and 
no parking of vehicles, docking of boats or 
storage of materials shall be permitted on 
the right-of-way unless specifically approved 
by the Grantor or the Grantee, as the case 
may be, in writing; and (4) any trees or 
other flora which may be damaged because 
of such construction, reconstruction, 
modifications, operation and maintenance 
shall be paid for at reasonable replacement 
or restoration value. 

SEC. 2. AND BE FT FURTHER ORDAINED, That no 
easement or easements shall be granted in accordance 
herewith, until the same shall have been first approved by 
the aty Solicitor. 



67 



Ord. No. 298 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 14, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 298 

(Council Bill No. 567) 

AN ORDINANCE concerning 

CITY STREET - OPENING OF KIRSCH COURT 

FOR the purpose of condemning and opening IQrsch 
Court, extending from Madison Street, Southerly 86 
feet, more or less, to the end thereof in accordance 
with a plat thereof numbered 3 14- A- 7 prepared by 
the Survey Control Section and filed in the Office of 
the Department of Public Works, on the Twenty- 
Second (22nd) day of March, 1993. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and is hereby authorized and directed to 
condemn and open Kirsch Court, extending from Madison 
Street, Southerly 86 feet, more or less, to the end thereof; 
the said IQrsch Court hereby directed to be condemned 
for said opening being described as follows: 

Beginning for the same at a point on the south side of 
Madison Street, 66 feet wide, said point being distant 
easterly 155 feet, more or less, from the intersection of 



68 



Ord. No. 298 



the east side of Greenmoimt Avenue, 60 feet wide, and 
the south side of said Madison Street, said point also 
being the intersection of the west side of Kirsch Court, 12 
feet wide, and the south side of said Madison Street and 
running thence binding on the south side of said Madison 
Street, Easterly 12 feet, more or less, to intersect the east 
side of said Kirsch Court; thence binding on the east side 
of said Kirsch Court, Southerly 87 feet, more or less, to 
the end thereof; thence binding on the southernmost 
extremity of said IQrsch Court, Westerly 12 feet to 
intersect the west side of said Kirsch Court and thence 
binding on the west side of said Kirsch Court, Northerly 
85 feet, more or less, to the place of beginning. 

The said Kirsch Court as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat numbered 314-A-7 which 
was filed in the Office of the Department of Public Works 
on the Twenty-Second (22nd) day of March in the year 
1993 and is now on file in said office. 

SEC. 2. AND BE FT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said Kirsch 
Court and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Coimcil 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved February 17, 1994 

KURT L. SCHMOKE, Mayor 



69 



Ord. No. 299 

CITY OF BALTIMORE 

ORDINANCE NO. 299 

(Council Bill No. 568) 

AN ORDINANCE concerning 

CITY STREET - CLOSING OF KIRSCH COURT 

FOR the purpose of condemning and closing Kirsch Court, 
extending from Madison Street, Southerly 86 feet, 
more or less, to the end thereof in accordance with a 
plat thereof numbered 314-A-7A prepared by the 
Survey Control Section and filed in die Office of the 
Department of Public Works, on the Twenty-Second 
(22nd) day of March, 1993. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close Kirsch Court, extending from 
Madison Street, Southerly 86 feet, more or less, to the 
end thereof; the said Kirsch Court hereby directed to be 
condemned for said closing being described as follows: 

Beginning for the same at a point on the south side of 
Madison Street, 66 feet vnde, said point being distant 
easterly 155 feet, more or less, from the intersection of 
the east side of Greenmount Avenue, 60 feet wide, and 
the south side of said Madison Street, said point also 
being the intersection of the west side of Kirsch Court, 12 
feet wide, and the south side of said Madison Street and 
running thence binding on the south side of said Madison 
Street, Easterly 12 feet, more or less, to intersect the east 
side of said Kirsch Court; thence binding on the east side 



70 



Ord. No. 299 



of said Kirsch Court, Southerly 87 feet, more or less, to 
the end thereof; thence binding on the southernmost 
extremity of said Kirsch Court, Westerly 12 feet to 
intersect the west side of said Kirsch Court and thence 
binding on the west side of said Kirsch Court, Northerly 
85 feet, more or less, to the place of beginning. 

The said Kirsch Court as directed to be condemned 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat numbered 314-A-7A which 
was filed in the Office of the Department of Public Works 
on the Twenty-Second (22nd) day of March in the year 
1993 and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and City 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and Qty Coimcil of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and Qty Coimcil of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structmres of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this Ordinance until the subsiuface structures and 
appurtenances now owned by the Mayor and Qty Council 
of Baltimore, over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 



71 



Ord. No. 299 



the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this ordinance, all subsurface structures 
and appurtenances owned by any person, firm or 
corporation, other than the Mayor and Qty Council of 
Baltimore, shall upon notice from the Director of Public 
Works of Baltimore Qty, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works vnth 
reference to the condemnation and closing of said Kirsch 
Court and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 



72 



Ord. No. 300 

Approved February 17, 1994 

KURT L. SCHMOKE 



CITY OF BALTIMORE 

ORDINANCE NO. 300 

(CouncU Bill No. 575) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

HOME FOR HOMELESS PERSONS SERVICE AND 

HOUSING CENTER - 301-321 N. HIGH STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of a hom e 
for hom e lecs p e rsons service and housing center on 
the property known as 301-321 N. High Street, as 
outlined in red on the plats accompanying this 
ordinance , subject to certain conditions . 

BY authority of 

Article 30 - Zoning 
Sections 6.2-ld-l and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of a hom e for homol e ss p e rsons a service and 
housing center v^th a maximum of 207 beds on the 
property knovm as 301-321 N. High Street, as outlined in 
red on the plats accompanying this ordinance, under the 
provisions of Sections 6.2-ld-l and 11.0-6d of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, 
as amended) tided "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED. That this 
ordinance is enacted subject to the following conditions: 



73 



Ord. No. 300 



a) the Center shall be operated by the 
Maryland Veterans Project, Inc.; 

b) the operator of the Center shall post and 
maintain si5?ns prohibiting loitering outside the property; 

c) the Board of Directors of the Center shall 
adopt rules of conduct applicable to its residents, shall 
educate the residents about the meaning of the rules, and 
shall make such rules available to the public upon 
request; 

d) one CI) seat on the Board of Directors 
shall be held by a member of the Old Town Mall 
Merchants Association or a member of the Community at 
large; 

e) there shall be an Advisory Council, a 
majority of whose members shall be from the immediate 
community, one of whose purposes shall be to hold open 
discussions concerning security in and around the Mall; 

f) a minimum of ten percent C10%) of the 
members of the Advisory Council shall be members of the 
Old Town Mall Merchants Association and a minimum of 
ten percent C10%) of the members of the Advisory 
Council shall be members of the community at large; 

g) the Old Town Mall Merchants 
Association shall at all times be provided with the current 
name and telephone number of the Center Duty Officer, 
for purposes of assisting the Center to monitor any 
unacceptable conduct of its residents who may be in the 
vicinity of the Mall; 

h) the Duty Officer for the Center shall 
personally investigate, or cause to be immediately 
investigated, any disturbance by a resident which is 
reported by the Association; 

i) the Center shall coordinate with the 
Association the periodic collection of paper and debris in 
and around the area of the Old Town Mall; 



74 



Ord. No. 300 



\) area schools shall be provided the 
opportunity to temporarily assign troubled youth to work 
inside the facility, for supervision by the Center and 
tutelage by the veterans; 

k) all area merchants shall be provided the 
opportunity to list employment ot)enings with the 
Employment and Training Officer for the Center; 

1) the entrance of the Center for use by 
residents shall be on the Exeter and Low Streets side of 
the building; 

m) the entrance of the Center for use by 
the staff shall be on the High Street side of the building; 
and 

n) a fire escape for the building shall be 
located on the High Street side of the building. 

SEC. 3 3. AND BE IT FURTHER ORDAINED, That 
upon passage of this ordinance by the City Coimcil, as 
evidence of the authenticity of the plat which is a part 
hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when 
the Mayor approves the ordinance, he shall sign the plat. 
The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Commimity Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3 4. AND BE IT FURTHER ORDAINED, That 
this ordinance shall take effect on the 30th day after the 
date of its enactment. 

Approved February 17, 1994 

KURT L. SCHMOKE, Mayor 



75 



Old. No. 301 

OTY OF BALTIMORE 
ORDINANCE NO. 301 

(Council BUI No. 585) 

AN ORDINANCE concerning 

FRANCHISE - SURFACE PARKING LOT IN THE 
VICINITY OF CALVERT STREET AND BATH STREET 

FOR the purpose of granting permission and authority to 
Peter Vailas to construct, use, maintain and operate at 
his own expense a parking lot in a portion of the 
south side of the bed of Bath Street, between Calvert 
Street and Davis Street. 

BY Authority of 

Article VIII - Franchises 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission and 
authority are hereby granted to Peter Vailas, (hereinafter 
referred to as the "Grantee") its tenants, successors and 
assigns, to construct, use and maintain, at his own cost 
and expense, for a period not to exceed twenty-five (25) 
years, a surface parking lot on that portion of Bath Street, 
hereinafter described, and in connection therewith 
permission is hereby given to pave the same, to erect a 
chain-link fence not more than fotu: (4) feet in height 
along the eastern, northern and western boundaries 
thereof, and to maintain a gate thereon. The portion of 
Bath Street to which this permission and authority pertain 
is as shown outlined in red on the plat accompanying this 
ordinance and is bounded on the south by the property of 
Peter Vailas, on the west by the pubHc sidewalk adjoining 
Calvert Street, on the north by the public sidewalk 
adjoining Bath Street and on the east by the public 
sidewalk adjoining Davis Street. Said property binds 
upon the public sidewalk adjoining Bath Street for a 
distance of 100 feet, more or less, and has a depth of 
approximately 30 feet. 



76 



-J 



Ord. No. 301 



SEC. 2. AND BE IT FURTHER ORDAINED, That the 
use of the property subject to the terms hereof and all 
structures and improvements relating thereto shall at all 
times be subject to the regulations of and control by the 
Commissioner of the Department of Housing and 
Community Development and the Director of Public 
Works. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall pay to the 
Mayor and Qty Council of Baltimore, as compensation for 
the franchise or privilege hereby granted, the svmi of 
$3,375.00 per year, payable in advance during the 
continuance of this franchise or privilege, or any renewal 
thereof; and subject to the increase or decrease of this 
charge as provided in Section 4 herein. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
Mayor and Qty Council of Baltimore hereby expressly 
reserves the right and power, at all times, to exercise, in 
the interest of the public, full municipal superintendence, 
regulation and control in respect to all matters connected 
with this grant and not inconsistent with the terms 
thereof. The franchise herein granted shall be held, 
exercised and enjoyed for a period of one year from the 
effective date of this ordinance, with the further right to 
the Grantee to twenty-four (24) consecutive one year 
renewals of the franchise, each such renewal to be for a 
period of one year, upon the same terms and conditions 
as the original one year grant, except as otherwise 
provided herein. Each one year renewal period shall take 
effect immediately upon the expiration of the original or 
renewal term then in force., without any action being 
taken on behalf of either the Mayor and Qty Coimcil of 
Baltimore or the Grantee, but the total period of time 
during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, 
in the aggregate twenty-five years. Provided, that the 
Mayor and Qty Coimcil of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease 
the franchise charge payable by the Grantee under the 
provisions hereof, by giving written notice to that effect to 
the Grantee at lease one hundred and fifty (150) days 



11 



Ord. No. 301 



prior to the expiration of the original one year term 
granted herein, or any yearly renewal term herein granted 
and then in effect; any such increase or decrease of said 
franchise charge to be operative as to all yearly renewal 
terms herein granted which become effective after any 
increase or decrease in said franchise charge has 
occurred. Provided, further, that either the Mayor and 
Qty Council of Baltimore, acting by and through the 
Director of Public Works, or the Grantee may terminate 
the franchise granted herein, by giving written notice to 
that effect to the other, at least ninety (90) days prior to 
the expiration of the original one year term granted 
herein or any one year renewal term herein granted and 
then in effect. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall maintain 
the improvements for which the franchise is herein 
granted in good condition throughout the full term of this 
grant. No permanent structures shall be erected on the 
property subject to this franchise, and it shall be a further 
condition hereof that the parking lot be so designed, 
constructed and operated that the Mayor and Qty Council 
of Baltimore and any and all public utility companies shall 
at all times have access to all manholes, valves, pipes and 
other public utility structures or lines, now or hereafter 
placed therein and furthermore said manholes, valves, 
pipes and other public utility structures or lines shall be 
protected in accordance with the directions of the 
Director of Public Works or his authorized representatives. 
The Mayor and Qty Coimcil of Baltimore and the owners 
of any public utilities, shall at all times have the right to 
inspect, test, maintain, construct, alter, reconstruct, 
relocate, repair and renew any and all subsurface utility 
structures and appurtenances in the portion of the bed of 
Bath Street subject to the terms hereof, whether now 
existing or which in the future may be installed therein. 
In the event during the course of construction, etc. as 
aforesaid it shall be necessary that the Mayor and Qty 
Council of Baltimore or any public utility disturb or 
remove any structure or improvement of the Grantee 
located on the aforesaid portion of the bed of Bath Street, 
then neither the Mayor and Qty Council of Baltimore Qty 



78 



Ord. No. 301 



nor the public utility company shall be required to bear 
the cost of repair or replacement of such structure and 
improvement of the Grantee. 

SEC. 6. AND BE IT FURTHER ORDAINED, That 
noncompliance by the said Grantee, its successors and 
assigns at any time, or times, with any of the terms or 
conditions of the grant hereby made, shall, at the option 
of the Mayor and Qty Coimcil of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and 
become void, and that nothing other than an ordmance of 
the Mayor and Qty Council of Baltimore shall operate as 
a waiver of any forfeiture of the grant hereby made. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the 
Mayor of Baltimore Qty shall have the right to revoke 
without prior notice, at any time or times, the rights and 
privileges hereby granted when, in his judgement, the 
public interest, welfare, safety, or convenience requires 
such revocation and, upon written notice to that effect 
from the Mayor of Baltimore served upon the Grantee 
hereunder, its successors and assigns, all rights under this 
ordinance shall cease and terminate. 

SEC. 8. AND BE IT FURTHER ORDAINED, That in 
the event of any revocation, forfeiture, or termination for 
any reason whatsoever of the rights and privileges by this 
ordinance granted, the said Grantee hereimder, its 
successors and assigns, shall, at their expense, remove the 
conduits for which the franchise is herein granted in a 
manner satisfactory to the Director of Public Works of 
Baltimore Qty, such removal to be made without any 
compensation to the Grantee, its successors and assigns, 
and to be completed within such time as shall be specified 
in writing by the said Director of Public Works. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall be liable for 
and shall indemnify and save harmless the Mayor and 
Qty Council of Baltimore from any and all suits, losses, 
costs, claims, damages, or expenses to which the said 
Mayor and Qty Council of Baltimore Qty shall, from time 



79 



Ord. No. 302 

to time, be subjected on account of, by reason of, or any 
way resulting from: 

a. The presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation, or 
removal of structures for which the franchise is herein 
granted; and 

b. Any failure on the part of said Grantee, its 
successors and assigns, to perform, promptly and 
properly, any of the duties or obligations imposed upon 
them by the terms and provisions of this ordinance. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
franchise charge shall begin on the effective date of this 
ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That the 
franchise or right granted by this ordinance shall be 
executed and enjoyed within six (6) months after the 
grant. 

SEC. 12. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved Februaiy 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 302 

(CouncU BUI No. 614) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
1700 BLOCK NORTH GAY STREET 

FOR the purpose of approving the application of the 
Council for Economic and Business Opportunity, Inc. 
Anticipated Lessee of certain property located in 
Baltimore Qty at 1701-1729 N. Gay Street 



80 



Ord. No. 302 



(hereinafter known as "East Side") and 1700-1728 N. 
Gay Street (hereinafter known as "West Side"), 
consisting of 5.2 acres, more or less, to have said 
property designated a Planned Unit Development in 
accordance with Sections 12.0-1 and 12.0-5 of Article 
30 of the Baltimore Qty Code (1983 Replacement 
Volume, as amended) and to approve the 
Development Plan , revised November 17, 1993, 
submitted by the Gsuncil for Economic & Business 
Opportunity, Inc. 

WHEREAS, It is the intention of the Council for 
Economic &: Business Opportunity, Inc. to develop the 
East Side property as an industrial manufacturing facility, 
office and retail and the West Side property for mixed use 
including Housing for the Elderly, Day Care Services and 
other accessory commercial uses; and 

WHEREAS, The existing development on the East Side 
of the subject property includes two multi-story buildings, 
one of which is particularly well suited for manufacturing 
and the other of which is well suited for retail, office and 
business uses; and 

WHEREAS, On June 9, 1993, a pre-petition 
conference was held with the Planning Commission to 
explain the scope and nature of existing and proposed 
development on the subject property in order to institute 
proceedings to have said property designated as a 
Planned Unit Development; and 

WHEREAS, The Council for Economic & Business 
Opportunity, Inc. hereby makes formal application to the 
Qty Coimcil of Baltimore and together herewith has 
submitted the requisite Development Plan consisting of 
Existing Conditions, Sheet 1, and Proposed Conditions, 
Sheet 2, intended to satisfy the requirements specified in 
Sections 12.0-1 and 12.0-5 of Article 30 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended); and 

WHEREAS, The Council for Economic & Business 
Opportunity, Inc., in requesting the introduction of this 
bill, signifies its intention to implement, execute, 



81 



Ord. No. 302 



substantially complete and maintain the development of 
the property in accordance with the Development Plan; 
now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the application of 
the Council for Economic & Business Opportunity, Inc. to 
designate the property at 1701-1729 and 1700-1728 N. 
Gay Street, consisting of 5.2 acres, more or less, as 
outlined in the Development Plan , revised November 17, 
1993, accompanying this ordinance, a Planned Unit 
Development pursuant to Article 30, Sections 12.0-1 and 
12.0-5 of the Baltimore Qty Code (1983 Replacement 
Volume, as amended) be and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Development Plan (as scheduled in the recital paragraphs 
of this ordinance) submitted by the Council for Economic 
& Business Opportunity, Inc. attached hereto and made a 
part hereof, be and it is hereby approved. 

SEC. 3. AND BE IT FURTHER ORDAINED, That m 
accordance with the provisions of Section 12.0-5 (a), the 
following uses are permitted within the Planned Unit 
Development: 

EAST SIDE 

BUILDING A. Bottling Plant. All uses permitted 
as of right or conditionally in the M-1 and B-2 
Zoning Districts in accordance with Sections 7.1- 
1 and 6.2-1 respectively, of Article 30 of the 
Baltimore Qty Code (1983 Replacement Voliune, 
as amended), except: amusement 
establishments; amusement parks and permanent 
carnivals; dance halls; hehports; massage salons; 
stables for horses; and taverns with live 
entertainment and dancing will not be 
permitted; 

BUILDING B. Brewery Building. All uses 
permitted as of right or conditionally in the B-2 
Zoning District in accordance with Section 6.2-1 



82 



Ord. No. 302 



respectively, of Article 30 of the Baltimore Qty 
Code (1983 Replacement Volume, as amended), 
except: amusement establishments; amusement 
parks and permanent carnivals; dance halls; 
heliports; massage salons; stables for horses; and 
taverns with live entertainment and dancing will 
not be permitted; 

WEST SIDE 

ALL BUILDINGS. All uses permitted as of right 
or conditionally in the B-2 Zoning District in 
accordance with the Section 6.2-1 respectively, 
of Article 30 of the Baltimore City Code (1983 
Replacement Volimie, as amended), except: 
amusement establishments; amusement parks 
and permanent carnivals; dance halls; heliports; 
massage salons; stables for horses; and taverns 
with live entertainment and dancing will not be 
permitted; 

SEC. 4. AND BE IT FURTHER ORDAINED, That upon 
passage of this Ordinance by the Qty Council, as evidence 
of the authenticity of the Development Plan , revised 
November 17, 1993. which is a part hereof and in order 
to give notice to the departments which are administering 
the Zoning Ordinance, the President of the Qty Council 
shall sign the Development Plan, and when the Mayor 
approves the Ordinance, he shall sign the Development 
Plan. The Director of Finance shall then submit a copy of 
the Ordinance and the Development Plan , revised 
November 17. 1993, to the Board of Municipal and 
Zoning Appeals, the Planning Commission, the Supervisor 
of Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this 
Ordinance is passed on the condition that the Council for 
Economic & Business Opportunity Inc., its successors and 
assigns, shall implement, execute, substantially complete 
and maintain the development of the property in 
accordance with the Development Plan. 



83 



Ord. No. 303 



SEC. 6. AND BE IT FURTHER ORDAINED, That all 
design approvals and minor amendments shall be referred 
to the Planning Commission for review and approval. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect upon execution of the Lease 
between the Qty of Baltimore and the Council for 
Economic and Business Opportunity, Inc. and pursuant to 
the agreement of the Council for Economic and Business 
Opportunity, Inc.; provided that if such Lease has not 
been executed by January 31, 1994, this Ordinance shall 
be of no force and effect. 

SEC. 8. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 17, 1994 

KURT L. SCHMOKE, Mayor 



1 



CITY OF BALTIMORE 
ORDINANCE NO. 303 

(Council Bill No. 717) 

AN ORDINANCE concerning 

Construction Equipment Operators 

FOR the purpose of changing the membership of the 
Board of Licenses for Construction Equipment 
Operators; changing the date when license is 
required; decreasing the number of examinations to 
be offered each year; changing the date an 
application for waiver of examination is due; 
increasing the term of a license; and increasing the 
renewal period for a license. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtitle - Construction Equipment Operators 



84 



Ord. No. 303 



Sections 143(b), 144(a)(1), 144(d)(2), 144(e)(2), 

144(h)(1), 144(h)(3) 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Voltmie, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 15 - LICENSES 

143. Board of Licenses for Construction Equipment 
Operators. 

(b) Membership composition. The Board consists of 
■97} ^ members: 

(1) the Mayor or his designee; 

-[(2) the XCommissioner of the Department of 
Transportation! Director of the Wage Commission or his 
designee; 

(3)} 43> The Director of the Department of 
Public Works or his designee; and 

•E(4)} ^ four members appointed by the Mayor 
in accordance with Article IV, Section 6 of the Baltimore 
Charter: 

(i) two representatives of a construction 
contractor who uses the type of construction equipment 
defined in this subtide; and 

(ii) two representatives of labor who 
represent the class of employees who operate the type of 
construction equipment defined in this subtitle. 

144. Licensing. 

(a) License required; exemptions. 



85 



Ord. No. 303 



(1) After [January 1, 1992,] SEPTEMBER 30, 
1994, a person may not operate construction equipment 
on a construction site in Baltimore Qty without a license 
or learner's permit issued under this subtide. 

(d) Examinations. 

(2) Time and place of examination. The Board 
shall offer examinations to applicants at least [4] 2 times 
each year. The Board shall determine the time, place, 
and examiner. 

(e) Waiver of examination. 

(2) Conditions. The Board may grant a waiver of 
examination only if the applicant: 

(i) pays the required application fee; 

(ii) submits an application to the Board, 
prior to [December 31, 1992,] A DEADLINE TO BE 
DETERMINED BY THE BOARD on the form which the 
Board provides requesting a waiver of examination; and 

(iii) provides adequate evidence that the 
applicant: 

1. meets the qualifications otherwise required by 
this subtide; and 

2. has [been employed since July 1, 1989 as an 
operator of construction equipment and has] had at least 
4200 hours of experience operating construction 
equipment. 

(h) Term and renewal. 

(1) Term. Each license expires [on January 1 of 
each year] 2 YEARS AFTER ITS ISSUANCE unless the 
license is renewed [for a one year term] as provided in 
this subsection. 



86 



Ord. No. 304 



(3) Application for renewal. Before the license 
expires, the license may be renewed for an additional [1] 
2 year term, if the licensee: 

(i) otherwise is entitied to be licensed; 

(ii) pays to the Board the renewal fee as set 
by the Board and approved by the Board of Estimates; 
and 

(iii) submits to the Board a renewal 
application on the form the Board provides. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved February 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 304 

(Council Bill No. 553) 

AN ORDINANCE concerning 

REZONING - OTTERBEIN AREA 

FOR the purpose of changing from the B-5-1 Zoning 
District to the R-8 Zoning District the following 
properties: 1-35, 2-30 Andrew Place; 15-21, 101-137, 
104-166 W. Barre Street; 500-546, 600-658, 700-714 
S. Charles Street; 1, 101-129 W. Conway Street; 400- 
436, 501-521, 502-528, 600-632, 601-629, 701-717, 
702-712 S. Hanover Street; 1-17, 2-24, 100-134, 101- 
139 W. Hill Street; 20, 134-136 W. Hughes Street; 1- 
9, 1A-9A, 1B.9B, 2-10, 2A-10A, 2B-10B, 15-21, 16-22, 
102-132, 103-137 W. Lee Street; 612-618 Pubped 
Way; 401-431, 501-533, 603-625, 701-717, 704-710, 
800-820 S. Sharp Street; 105-139 Welcome Alley; 



87 



Ord. No. 304 



142 W. York Street; as outlined in red on the plat 
accompanying this ordinance. 

BY amending Zoning District Maps 
Sheets No. 55, 56, 65, and 66 
Article 30 - Zoning 

Baltimore City Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheets No. 55, 56, 
65, and 66 of the Zoning District Maps of Article 30- 
Zoning of the Baltimore Qty Code (1983 Replacement 
Volume, as amended) title "Zoning" be and it is hereby 
amended by changing from the B-5-1 Zoning District to 
the R-8 Zoning District the properties known as 1-35, 2- 
30 Andrew Place; 15-21, 101-137, 104-166 W. Barre 
Street; 500-546, 600-658, 700-714 S. Charles Street; 1, 
101-129 W. Conway Street; 400-436, 501-521, 502-528, 
600-632, 601-629, 701-717, 702-712 S. Hanover Street; 
1-17, 2-24, 100-134, 101-139 W. Hill Street; 20, 134-136 
W. Hughes Street; 1-9, 1A-9A, 1B-9B, 2-10, 2A-10A, 2B- 
lOB, 15-21, 16-22, 102-132, 103-137 W. Lee Street; 612- 
618 Pubped Way; 401-431, 501-533, 603-625, 701-717, 
704-710, 800-820 S. Sharp Street; 105-139 Welcome 
Alley; 142 W. York Street, as outlined in red on the plat 
accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Coimcil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the foUovmig: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 



88 



Ord. No. 305 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 24, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 305 

(CouncU Bill No. 670) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY - 
PARK ON JEFFERSON STREET 

FOR the purpose of naming the small triangular parcel 
bounded by Jefferson Street on the south. Little 
Jefferson Street on the north, and N. Decker Avenue 
on the west, Keith Noel Park. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the small triangular 
parcel boimded by Jefferson Street on the south. Little 
Jefferson Street on the north, and N. Decker Avenue on 
the west, be and it is hereby named the Keith Noel Park. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 24, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 306 
(CouncU Bill No. 698) 



89 



L 



Ord. No. 307 

AN ORDINANCE concerning 

CITY ALLEY - NAMING - EAST 25 1/2 STREET 

FOR the purpose of naming an alley behind the north side 
of E. 25th Street between N. Charles Street and St. 
Paul Street, East 25 1/2 Street. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the name of the 20 
foot alley behind the north side of E. 25th Street between 
N. Charles Street and St. Paul Street shall hereafter be 
known as East 25 1/2 Street. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 24, 1994 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 307 

(CouncU Bill No. 627) 

AN ORDINANCE concerning 

ZONING CODE - ADVERTISING CIGARETTES 

FOR the purpose of restricting the placement of outdoor 
advertisements for cigarettes; and providing a 
penalty. 

BY adding 

Article 30 - Zoning 
Chapter 10 - Sign Regulations 
Section 10.0-li 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 



90 



Ord. No. 307 



BY repealing and reordaining with amendments 
Article 30 - Zoning 

Chapter 11 - Administration and Enforcement 
Section 11.0-7 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

Preamble 

WHEREAS, Section 404 of Article 27 of the Maryland 
Code makes it unlawful for any person engaged in the 
manufacture or sale of cigarettes to sell, barter or give 
cigarettes to any individual under the age of 18 years; 
and 

WHEREAS, More than three million minors under the 
age of 18 consume more than 947 million packs of 
cigarettes annually in the United States, yielding gross 
sales to the tobacco industry each year of approximately 
$1 billion; and 

WHEREAS, Qgarettes are the most heavily advertised 
product in America, and the tobacco industry spends 
more than $421 million annually for outdoor advertising 
of cigarettes; and 

WHEREAS, Outdoor advertisements are a unique and 
distinguishable medium of advertising which subjects the 
general public to involimtary and unavoidable forms of 
solicitation, as the Supreme Court recognized in Packer 
Corporation v. Utah. 285 U.S. 105 (1932) by citing with 
approval the follovmig excerpt from the opinion of the 
Utah Supreme Court: 

"Advertisements of this sort are 
constantly before the eyes of observers 
on the streets ... to be seen without 
the exercise of choice or volition on 
their part. Other forms of advertising 
are ordinarily seen as a matter of choice 
on the part of the observer. The young 
people as well as the adults have the 
message of the billboard thrust upon 



91 



Ord. No. 307 



them by all the arts and devices that 
skill can produce. In the case of 
newspapers and magazines, there must 
be some seeking by the one who is to 
see and read the advertisement. The 
radio can be turned off, but not so the 
billboard .... These distinctions 
clearly place this kind of advertisement 
in a position to be classified so that 
regulations or prohibitions may be 
imposed upon all within the class. This 
is impossible with respect to 
newspapers and magazines." 

WHEREAS, The Supreme Court and other courts have 
recognized the positive relationship between advertising 
and consimiption as regards a variety of goods and 
services, such as electricity, see Central Hudson Gas & 
Elec. V. Pub. Serv. Comm'n , 447 U.S. 557, 569 (1980) 
("There is an immediate connection between advertising 
and demand for electricity. Central Hudson would not 
contest the advertising ban unless it believed that 
promotion would increase its sales."); gambling, see 
Posades de Puerto Rico Assoc, v. Tourism Co. of Puerto 
Rico, 478 U.S. 328, 341-42 (1986) ("The Puerto Rico 
Legislature obviously believed, when it enacted the 
advertising restrictions at issue here, that advertising of 
casino gambUng aimed at the residents of Puerto Rico 
would serve to increase the demand for the product 
advertised. We think the legislature's belief is a 
reasonable one ...."; cigarettes, see Capital Broadcasting 
Co. V. Mitchell 33 F. Supp. 582, 586 (D.D.C. 1971) 
(three-judge court) (noting "close relationship between 
cigarette commercials broadcast on the electronic media 
and their potential influence on young people."), aff d per 
curiam, 405 U.S. 1000 (1972); and alcohol, see Dunagin 
V. Gtv of Oxford, 718 F.2d 738, 747-51 (1983) 
(extensively reviewing evidence on connection between 
liquor advertising and consumption and rejecting inter- 
brand competition argument), cert, den. , 104 S.Ct. 3533 
(1984); and 



92 



Ord. No. 307 



WHEREAS, In addition to judicial recognition of the 
general link between advertising and consumption, there 
is specific and convincing evidence that tobacco 
advertising plays a significant role in stimulating illegal 
consimiption of cigarettes by minors, including: 

Davis R. "Current trends in cigarette 
advertising and marketing". New 
England Journal of Medicine . 
1987;316:725-732 

Chapman S., Fitzgerald B. "Brand 
preference and advertising recall in 
adolescent smokers: some implications 
for health promotion". American 
Journal of Public Health . 1982;72:491- 
494 

Klintzner M, Gruenewald PJ, Bamberger 
E. "Cigarette advertising and adolescent 
experimentation vydth smoking." British 
Journal of Addiction . 1991;86:287-298 

Goldstein AO, Fischer PM, Richards JW, 
Cretin BA. "Relationship between high 
school student smoking and recognition 
of cigarette advertisements." Journal of 
Pediatrics . 1987;110:488-491 

Hunter SM, Webber LS, Berenson OS. 
"Cigarette smoking and tobacco usage 
behavior in children and adolescents: 
Bogalusa Heart Study." Preventive 
Medicine . 1980;9:701-712 

Himter Sm, Croft JB, Burke GL, Parker 
FC, Webber LS, Berenson GS. 
"Longitudinal patterns of cigarette 
smoking and smokeless tobacco use in 
youth: the Bogalusa Heart Study." 
American Journal of Public Health . 
1986;76:193-195 



93 



Ord. No. 307 



Aitken PP, Leathar DS, O^Hagan FJ, 
Squair SI. "Children's awareness of 
cigarette advertising and brand 
imagery." British Journal of Addiction . 
1987;82:615-622 

Charlton A. "Children's advertisement 
awareness related to their views of 
smoking". Health Education Journal . 
1986;45(2)75-78 

Aitken PP, Leathar DS, Squair SI. 
"Children's awareness of cigarette brand 
sponsorship of sports and games in the 
UK'. Health Education Research . 
1986;1:203-211 

Alexander HM, Calcott R, Dobson AJ, et 
al. "Cigarette smoking and drug use in 
school children, IV: factors associated 
with changes in smoking behavior". 
International Journal of Epidemiology . 
1983;12:59-66 

WHEREAS, The 1992 Maryland Adolescent Drug 
Survey conducted by the Maryland Department of 
Education foimd that: 

Qgarettes are the second most commonly used 
substance by Maryland adolescents, with 41.9% 
of twelfth graders and 11.2% of sixth graders 
having used cigarettes in the twelve months 
preceding the study. 

Qgarettes constitute a "gateway drug" among 
Maryland students, i.e., a substance which is 
used by adolescents as a first drug and opens the 
door for use of other "harder" substances at a 
later date. 

75% of twelfth graders first tried cigarettes 
before the age of 15. 



94 



Ord. No. 307 



By age 10 or under, 12.4% of males and 9.3% of 
females smoke. 

Roughly 14% of twelfth graders smoke on a 
daily basis. 

The percentage of Maryland students using 
cigarettes in the twelve months preceding the 
survey exceeds the national percentage by 13.6% 
for twelfth graders, 15% for tenth graders, and 
12.1% for eighth graders. 

Qgarette users were more likely than users of 
other substances described in the Survey to 
report having tried unsuccessfully to stop. 

Qgarette use by sixth graders appears to be 
increasing with the percentage of sixth graders 
reporting having used cigarettes in the past 
thirty days increasing from 3.6% in 1988 to 
4.7% in 1992. 

4.7% of sixth graders, 14.4% of eighth graders, 
22.7% of tenth graders, and 31.5% of twelfth 
graders reported use of cigarettes within the past 
30 days. 

Qgarettes are a "gateway" drug among Maryland 
students, i.e., a substance often used by 
adolescents as a first drug which appears to 
"open the door" for use of harder drugs at a later 
date; and 

WHEREAS, An ordinance restricting the placement of 
advertisements for cigarettes in publicly visible locations 
within Baltimore Qty is a reasonable and necessary 
measure for reducing illegal consumption of cigarettes by 
minors; and 

WHEREAS, The restrictions contained in the following 
Ordinance will not unduly burden legitimate business 
activities of persons Hcensed by the State of Maryland to 
sell cigarettes on a retail basis; and 



95 



Ord. No. 307 



WHEREAS, In order to protect legitimate business 
activities and to narrowly focus its efforts on those 
advertisements v^hich most directly affect minors vy^here 
they live, attend school, attend church and engage in 
recreational activities, the Baltimore Qty Council has 
determined not to restrict advertisements of cigarettes in 
certain designated business and industrial zones 
hereinafter identified, with reasonable and appropriate 
setbacks from adjoining zones; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
Amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 10 - Sign Regulations 

10.0-1 General Requirements. 

I. CIGARETTE ADVERTISEMENTS. NO PERSON 
MAY PLACE ANY SIGN, POSTER, PLACARD, 
DEVICE, GRAPHIC DISPLAY, OR OTHER FORM 
OF ADVERTISING THAT ADVERTISES 
CIGARETTES IN A PUBLICLY VISIBLE 
LOCATION. IN THIS SECTION "PUBLICLY 
VISIBLE LOCATION" INCLUDES OUTDOOR 
BILLBOARDS, SIDES OF BUILDING, AND 
FREESTANDING SIGNBOARDS. THIS SECTION 
SHALL NOT APPLY TO: 

1. THE PLACEMENT OF SIGNS, 

INCLUDING ADVERTISEMENTS: (I) 
INSIDE ANY PREMISES USED BY A 
HOLDER OF A CIGARETTE BUSINESS 
"LICENSE" AS DEFINED IN SECTION 
16-201 (B) OF THE BUSINESS 
REGULATION ARTICLE OF THE 
MARYLAND CODE; OR (ID ON 
COMMERCLU VEHICLES USED FOR 
TRANSPORTING CIGARETTES; 



96 



Ord. No. 307 



2. ANY SIGN THAT CONTAINS THE 
NAME OR SLOGAN OF THE 
PREMISES USED BY A HOLDER OF A 
CIGARETTE BUSINESS LICENSE THAT 
HAS BEEN PLACED FOR THE 
PURPOSE OF IDENTIFYING SUCH 
PREMISES; 

3. EXCEPT FOR BILLBOARDS AND 
FREESTANDING SIGNBOARDS, ANY 
SIGN FOR WHICH ZONING BOARD 
APPROVAL OR A MINOR PRIVILEGE 
PERMIT IS REQUIRED; 

4. ANY SIGN THAT CONTAINS A 
GENERIC DESCRIPTION OF 
CIGARETTES; 

5. ANY NEON OR ELECTRICALLY 
CHARGED SIGN ON PREMISES USED 
BY A HOLDER OF A CIGARETTE 
BUSINESS LICENSE THAT IS 
PROVIDED AS PART OF A 
PROMOTION OF A PARTICULAR 
BRAND OF CIGARETTES; 

6. ANY SIGN ON AN MTA VEHICLE OR A 
TAXICAB; 

7. ANY SIGN ON PROPERTY OWNED, 
LEASED OR OPERATED BY THE 
MARYLAND STADIUM AUTHORITY; 

8. ANY SIGN AT MEMORLU STADIUM; 

9. ANY SIGN AT A FACILITY THAT 
OPERATES IN ACCORDANCE WITH A 
UCENSE ISSUED UNDER §11-304 OF 
THE BUSINESS REGULATION 
ARTICLE OF THE MARYLAND CODE; 

10. ANY SIGN ON PROPERTY ADJACENT 
TO AN INTERSTATE HIGHWAY; OR 



97 



Ord. No. 307 



11. ANY SIGN LOCATED: (I) IN A B-4 
ZONE, (ID IN A M-3 ZONE MORE 
THAN 1,000 FEET FROM THE 
BOUNDARY OF ANY OTHER ZONE 
WHICH IS NOT A B-4 OR M-3 ZONE, 
(IID IN A M-3 ZONE MORE THAN 500 
FEET FROM THE BOUNDARY OF ANY 
OTHER ZONE WHICH IS NOT A B-4 
OR M-3 ZONE PROVIDED SUCH SIGN 
FACES AWAY FROM ANY SUCH 
OTHER ADJOINING ZONE. 

Chapter 11 - Administration and Enforcement 

11.0-7 Penalties for violation. 

Any person who violates, disobeys omits, neglects, 
refuses to comply with, or resists the enforcement of any 
of the provisions of this ordinance shall be guilty of a 
misdemeanor and, upon conviction in any court of 
competent jurisdiction, shall be fined not less than 25 nor 
more than 500 dollars; ANY PERSON FOUND GUILTY OF 
VIOLATING THE PROVISIONS OF SECTION lO.O-lI MAY 
BE FINED UP TO 1,000 DOLLARS. Every such person 
shall be deemed guilty of a separate offense for every day 
such violation shall continue after notification thereof. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance may only be applied to or interpreted to have 
an effect on any contract executed after the effective date 
of this ordinance and to any renewal term of a preexisting 
contract beginning after the effective date of this 
ordinance. 

SEC. 3. AND BE IT FURTHER ENACTED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved February 24, 1994 

KURT L. SCHMOKE, Mayor 



98 



Ord. No. 308 



CITY OF BALTIMORE 

ORDINANCE NO. 308 

(CouncU BUI No. 675) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - 4717-4749 WRENWOOD 
AVENUE (REAR PARKING SPACES) 

FOR the purpose of authorizing the Mayor and Qty 
Council of of Baltimore to sell at either public or 
private sale all of the interest of the Mayor and Qty 
Council of Baltimore in and to a certain parcel of land 
and improvements located at 4717-4749 Wrenwood 
Avenue (rear parking spaces), Baltimore, Maryland, 
said parcel of land and improvements being no longer 
needed for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty be and she is hereby authorized to sell, at 
either public or private sale in accordance with Article V, 
Section 5(b) of the Qty Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 
Council of Baltimore in and to a certain parcel of land 
and improvements situate in Baltimore, Maryland, and 
described as follows: 

4717-4749 Wrenwood Avenue (rear parking spaces) 

Block 5216 Lot 33/33, 108 
Containing 17,561 square feet of land, more or less 

Said property being no longer needed for public use. 



99 



Ord. No. 309 



All courses and distances in the above description are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith until the 
same shall have been approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That diis 
ordinance shall take effect on the date of its enactment. 

Approved March 14, 1994 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 309 

(Council Bill No. 685) 

AN ORDINANCE concerning 

FRANCHISE - RETAINING WALL AND SIGN - 
220 W. 28TH STREET 

FOR the purpose of granting permission and authority to 
CD. Denison Corporation to construct and maintain a 
retaining wall and sign at 220 W. 28th Street. 

BY authority of 

Article VIII - Franchises 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission and 
authority are hereby granted to C. D. Denison 
Corporation, their tenants, successors, and assigns, 
(hereinafter referred to as the "Grantee") to construct, and 
maintain, at its own cost and expense, for a period not to 



100 



Ord. No. 309 



exceed twenty-five years, a retaining wall and sign at 220 
W. 28th Street, more particularly described: 

A reinforced concrete retaining wall with a metal 
railing and reinforced concrete pavement to improve 
access to the entrance to 220 W. 28th Street for clients 
who have physical disabilities. 

The retaining wall will be approximately 35 feet long, 
with a maximum height of 3.5 feet, and will be generally 
parallel with and ruiming approximately 4.5 feet behind 
the north curb line of 28th Street. A steel pipe railing 
will be embedded in the top of the wall and will have a 
minimum height of 3.5 feet above the grade on the high 
side of the wall. Reinforced concrete pavement will be 
placed on the north or high side of the wall between the 
wall and the existing concrete driveway pavement. A new 
sign 1' wide by 2' high will be attached to the west end of 
the metal railing. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
franchise or right granted by this ordinance shall be 
executed and enjoyed within six (6) months after the 
grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
retaining wall and sign shall be maintained in compliance 
with all applicable laws and regulations of Baltimore City. 
The maintenance of the retaining wall and sign shall be 
under the supervision of the Grantee and shall be at all 
times hereafter subject to the regulation and control of 
the Department of Housing and Community Development 
and the Director of the Department of Public Works. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
said Grantee shall maintain the retaining wall and sign 
throughout the full term of this grant, so long as it exists 
at the location described herein. In the event that the 
retaining wall and sign must be readjusted, relocated, 
protected, or supported to accommodate a public 
improvement, the Grantee shall pay all costs in 
connection therewith. 



101 



Ord. No. 309 



SEC. 5. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall pay to the 
Mayor and Qty Council of Baltimore, as compensation for 
the franchise or privilege hereby granted, the simi of 
$90.00 per year, payable in advance during the 
continuance of this franchise or privilege, or any renewal 
thereof; and subject to the increase or decrease of this 
charge as provided in Section 4 herein. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
Mayor and Qty Council of Baltimore hereby expressly 
reserves the right and power, at all times, to exercise, in 
the interest of the public, full municipal superintendence, 
regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms 
thereof. The franchise herein granted shall be held, 
exercised, and enjoyed for a period of one year from the 
effective date of this ordinance, with the further right to 
the Grantee to twenty-four (24) consecutive one-year 
renewals of the franchise, each such renewal to be for a 
period of one year, upon the same terms and conditions 
as the original one year grant, except as otherwise 
provided herein. Each one year renewal period shall take 
effect immediately upon the expiration of the original or 
renewal term then in force, without any action being 
taken on behalf of either the Mayor and City Council of 
Baltimore or the Grantee, but the total period of time 
during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, 
in the aggregate twenty-five years. Provided, that the 
Mayor and Qty Council of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease 
the franchise charge payable by the Grantee under the 
provisions hereof, by giving vmtten notice to that effect to 
the Grantee at least one hundred and fifty (150) days 
prior to the expiration of the original one year term 
granted herein, or any yearly renewal term herein granted 
and then in effect; any such increase or decrease of said 
franchise charge to be operative as to all yearly renewal 
terms herein granted which become effective after any 
increase or decrease in said franchise charge has 
occurred. Provided, further, that either the Mayor and 
Qty Council of Baltimore, acting by and through the 



102 



Ord. No. 309 



Director of Public Works, or the Grantee may terminate 
the franchise granted herein, by giving written notice to 
that effect to die other, at least ninety (90) days prior to 
the expiration of the original one year term granted 
herein or any one year renewal term herein granted and 
then in effect. 

SEC. 7. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall maintain 
the retaining wall and sign for which the franchise is 
herein granted in good condition throughout the full term 
of this grant, so long as they exist at the location 
described herein. 

SEC. 8. AND BE IT FURTHER ORDAINED, That 
noncompliance by the Grantee with any of the terms or 
conditions of the grant hereby made shall, at the option 
of the Mayor and Qty Council of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and 
become void, and that nothing other than an ordinance of 
the Mayor and City Council of Baltimore shall operate as 
a waiver of any forfeiture of the grant hereby made. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the 
Mayor of Baltimore Qty shall have the right to revoke 
without prior notice, at any time or times, the rights and 
privileges hereby granted when, in the Mayor's judgment, 
the public interest, welfare, safety, or convenience 
requires such revocation and, upon written notice to that 
effect from the Mayor of Baltimore served upon the 
Grantee hereunder, its successors and assigns, all rights 
under this ordinance shall cease and terminate. 

SEC. 10. AND BE IT FURTHER ORDAINED, That in 
the event of any revocation, forfeiture, or termination for 
any reason whatsoever of the rights and privileges by this 
ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, 
remove the structures for which the franchise is herein 
granted in a manner satisfactory to the Commissioner, 
Department of Housing and Conmiunity Development, 
and the Director of Public Works of Baltimore Qty, such 
removal to be made without any compensation to the 



103 



Ord. No. 310 



Grantee, its successors and assigns, and to be completed 
within such time as shall be specified in writing by the 
said Director of Public Works. 

SEC. 11. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall be liable for 
and shall indemniiy and save harmless the Mayor and 
Qty Council of Baltimore against any and all suits, losses, 
costs, claims, damages, or expenses to which the said 
Mayor and Qty Council of Baltimore shall from time to 
time be subjected on account of, or in any way resulting 
from: 

a. The presence, construction, use, operation, 
maintenance, alteration, repair, location, relocation, or 
removal of the structures for which the franchise is herein 
granted; and 

b. Any failure on the part of said Grantee, its 
successors and assigns, to perform, promptly and 
properly, any of the duties or obligations imposed upon it 
or them by the terms and provisions of this ordinance. 

SEC. 12. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 14, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 310 

(Council Bill No. 686) 

AN ORDINANCE concerning 

FRANCHISE - BRIDGEWAY OVER MADISON STREET 

FOR the purpose of granting permission and authority to 
the State of Maryland to use and maintain an existing 



104 



Ord. No. 310 



pedestrian bridgeway over Madison Street (Qty Jail 
Property). 

BY authority of 

Article VIII - Franchises 

Baltimore Qty Qiarter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission and 
authority are hereby granted to the State of Maryland, 
their tenants, successors, and assigns, (hereinafter 
referred to as the "Grantee") to use, and maintain, at its 
own cost and expense, for a period not to exceed twenty- 
five years, a bridgeway over Madison Street. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
franchise or right granted by this ordinance shall be 
executed and enjoyed within six (6) months after the 
grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
bridgeway shall be maintained in compliance with all 
applicable laws and regulations of Baltimore Qty. The 
maintenance of the bridgeway shall be under the 
supervision of the Grantee and shall be at all times 
hereafter subject to the regulation and control of the 
Commissioner of the Department of Housing and 
Community Development and the Director of the 
Department of Public Works. 

SEC. 4. AND BE IT FURTHER ORDAEsIED, That the 
said Grantee shall maintain the bridgeway in good 
condition throughout the full term of this grant, as long 
as it exists at the location described herein. In the event 
that said bridgeway must be readjusted, relocated, 
protected, or supported to accommodate a public 
improvement, the Grantee shall pay all costs in 
connection therewith. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
Mayor and City Council of Baltimore hereby expressly 
reserves the right and power, at all times, to exercise, in 
the interest of the public, full municipal superintendence, 



105 



Ord. No. 310 



regulation, and control in respect to all matters connected 
with this grant and not inconsistent with the terms 
thereof. The franchise herein granted shall be held, 
exercised, and enjoyed for a period of one year from the 
effective date of this ordinance, with the further right to 
the Grantee to twenty-four (24) consecutive one-year 
renewals of the franchise, each such renewal to be for a 
period of one year, upon the same terms and conditions 
as the original one year grant, except as otherwise 
provided herein. Each one year renewal period shall take 
effect immediately upon the expiration of the original or 
renewal term then in force, without any action being 
taken on behalf of either the Mayor and Qty Council of 
Baltimore or the Grantee, but the total period of time 
during which the franchise shall operate, including the 
original term and all renewals thereof, shall not exceed, 
in the aggregate twenty-five years. Provided, that the 
Mayor and Qty Council of Baltimore, acting by and 
through the Board of Estimates, may increase or decrease 
the franchise charge payable by the Grantee under the 
pro\dsions hereof, by giving written notice to that effect to 
the Grantee at least one himdred and fifty (150) days 
prior to the expiration of the original one year term 
granted herein, or any yearly renewal term herein granted 
and then in effect; any such increase or decrease of said 
franchise charge to be operative as to all yearly renewal 
terms herein granted which become effective after any 
increase or decrease in said franchise charge has 
occurred. Provided, further, that either the Mayor and 
Qty Council of Baltimore, acting by and through the 
Director of Public Works, or the Grantee may terminate 
the franchise granted herein, by giving written notice to 
that effect to the other, at least ninety (90) days prior to 
the expiration of the original one year term granted 
herein or any one year renewal term herein granted and 
then in effect. 

SEC. 6. AND BE IT FURTHER ORDAINED, That die 
said Grantee, its successors and assigns, shall maintain 
the bridgeway for which the franchise is herein granted in 
good condition through the full term of this grant and so 
long as said conduit shall exist at the locations described 
herein. 



106 



Ord. No. 310 



SEC. 7. AND BE IT FURTHER ORDAINED, That 
noncompliance by the Grantee with any of the terms or 
conditions of the grant hereby made shall, at the option 
of the Mayor and Qty Coimcil of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and 
become void, and that nothing other than an ordinance of 
the Mayor and Qty Council of Baltimore shall operate as 
a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
Mayor of Baltimore Qty shall have the right to revoke 
without prior notice, at any time or times, the rights and 
privileges hereby granted when, in the Mayor's judgment, 
the public interest, welfare, safety, or convenience 
requires such revocation and, upon written notice to that 
effect from the Mayor of Baltimore served upon the 
Grantee hereunder, its successors and assigns, all rights 
under this ordinance shall cease and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in 
the event of any revocation, forfeiture, or termination for 
any reason whatsoever of the rights and privileges by this 
ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, 
remove the structures for which the franchise is herein 
granted in a manner satisfactory to the Commissioner, 
Department of Housing and Community Development, 
and the Director of Public Works of Baltimore Qty, such 
removal to be made without any compensation to the 
Grantee, its successors and assigns, and to be completed 
within such time as shall be specified in writing by the 
said Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
State is self insured through the State Insurance Trust 
Fund administered by the Office of the Treasurer. For the 
period during which this ordinance is in effect, the 
Department of Public Safety and Correctional Services, or 
its agents will maintain all insurances on the premises 
required by law. However, nothing in this Agreement 
shall constitute a waiver of any immunity which the 
Department of Public Safety and Correctional Services or 
the State of Maryland may be entitled imder the laws of 



107 



Ord. No. 311 



the State of Maryland, as they may be amended from 
time to time, 

SEC. 11. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 14, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 311 

(Comicil Bill No. 695) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - PLUM STREET 

FOR the purpose of repealing Ordinance No. 630, 
approved March 13, 1986, which provided for 
reserved handicapped parking on the south side of 
the 1st alley south of Plum Street for Lav^nrence W. 
Ferrell. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 630, 
approved March 13, 1986, is hereby repealed and the 
authorization for reserved handicapped parking on the 
south side of the 1st alley south of Plum Street for 
Lawrence W. Ferrell therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 14, 1994 

KURT L. SCHMOKE, Mayor 



108 



Ord. No. 312 

CITY OF BALTIMORE 

ORDINANCE NO. 312 

(CouncU BUI No. 648) 

AN ORDINANCE concerning 

CITY STREET - OPENING OF EAST REDWOOD STREET 

FOR the purpose of condemning and opening East 
Redwood Street extending from Charles Street, 
Easterly 168.65 feet to Lovegrove Street and lying 
within the Finandai District Urban Renewal Project in 
accordance with a plat thereof numbered 348-A-6 
prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the 
Fifteenth (15th) day of June, 1990, and revised on 
the Seventeenth (17th) day of June, 1993. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That die Department of 
Public Works be, and is hereby authorized and directed to 
condemn and open East Redwood Street extending from 
Charles Street, Easterly 168.65 feet to Lovegrove Street 
and lying within the Finandai District Urban Renewal 
Project; the said East Redwood Street hereby directed to 
be condemned for said opening being described as 
follows: 

Beginning for the same at a point formed by the 
intersection of the south side of Redwood Street and the 
east side of Charles Street, 117 feet wide, and running 
thence binding on the east side of said Charles Street, 
North 03**2r25" West 80 feet, more or less, to intersect 
the north side of said Redwood Street; thence binding on 



109 



Ord. No. 312 



the north side of said Redwood Street, North 86**49'33" 
East 169 feet, more or less, to intersect the west side of 
Lovegrove Street, 24 feet wide; thence binding on the 
west side of said Lovegrove Street, South 03°27'18'' East 
80 feet, more or less, to the south side of said Redwood 
Street and thence binding on the south side of said 
Redwood Street, South 86°49'33'' West 168.65 feet to the 
place of beginning. 

All courses and distances in the above description are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The said East Redwood Street as directed to be 
condemned being more particularly described and 
referred to among the Land Records of Baltimore Qty and 
delineated and particularly shown on a plat numbered 
348-A-6 which was filed in the Office of the Department 
of Public Works on the Fifteenth (15th) day of June in 
the year 1990 and revised on the Seventeenth (17th) day 
of June, 1993 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said East 
Redwood Street and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated 
by, and be in accordance with, any and all applicable 
provisions of Article 4 of the Code of Public Local Laws of 
Maryland and the Charter of Baltimore Qty (1964 
Revision, as amended) and any and all amendments 
thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and Qty Council of Baltimore, and any and all 
rules or regulations in effect which have been adopted by 
the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 17, 1994 

KURT L. SCHMOKE, Mayor 



110 



Ord. No. 313 



CITY OF BALTIMORE 

ORDINANCE NO. 313 

(CouncU Bill No. 649) 

AN ORDINANCE concerning 

CITY STREET - CLOSING A 12 FOOT WIDE PORTION OF 
EAST REDWOOD STREET 

FOR the purpose of condemning and closing a 12 foot 
wide portion of Redwood Street extending from 
Charles Street, Easterly 168.65 feet to Lovegrove 
Street and lying within the Financial District Urban 
Renewal Project in accordance with a plat thereof 
numbered 348-A-6A prepared by the Survey Control 
Section and filed in tie Office of the Department of 
Public Works, on the Fifteenth (15th) day of June, 
1990, and revised on the Seventeenth (17th) day of 
June, 1993. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore City Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close a 12 foot wide portion of Redwood 
Street extending from Charles Street, Easterly 168.65 feet 
to Lovegrove Street and lying within the Financial District 
Urban Renewal Project; the 12 foot wide portion of 
Redwood Street hereby directed to be condemned for said 
closing being described as follows: 

Beginning for the same at a point formed by the 
intersection of the south side of Redwood Street and the 
east side of Charles Street, 117 feet wide, and running 
thence binding on the east side of safd Charles Street, 



111 



Ord. No. 313 



North 03**2r25" West 12.00 feet to intersect a line drawn 
parallel with and distant 12.00 feet measured at right 
angles from the south side of said Redwood Street; thence 
binding on said line so drawn North 86*49*33" East 
168.65 feet to intersect the west side of Lovegrove Street, 
24 feet wide; thence binding on the west side of said 
Lovegrove Street, South 03''2718'' East 12.00 feet to the 
south side of said Redwood Street and thence binding on 
the south side of said Redwood Street, South 86*'49'33'' 
West 168.65 feet to the place of beginning. 

All courses and distances in the above description are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The said 12 foot wide portion of Redwood Street as 
directed to be condemned being delineated and 
particularly shown on a plat niunbered 348-A-6A which 
was filed in the Office of the Department of Public Works 
on the Fifteenth (15th) day of June in the year 1990 and 
revised on the Seventeenth (17th) day of June, 1993 and 
is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Qty 
Council of Baltimore shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee simple, imtil the use thereof shall be abandoned by 
the Mayor and Qty Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor ftrom the Mayor and Qty Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this ordinance until the subsurface structures and 



112 



Ord. No. 313 



appurtenances now owned by the Mayor and Qty Council 
of Baltimore, over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 
the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed imder 
the provisions of this ordinance, all subsurface structures 
and appurtenances owned by any person, firm or 
corporation, other than the Mayor and Qty Coimcil of 
Baltimore, shall upon notice from the Director of Public 
Works of Baltimore Qty, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Coimcil of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condemnation and closing of said 12 foot 
wide portion of Redwood Street and the proceedings and 
rights of all parties interested or affected thereby, shall be 
regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore Qty 
(1964 Revision, as amended) and any and all 
amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all 
ordinances of the Mayor and Qty Council of Baltimore, 



113 



Ord. No. 314 



and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 314 

(Council BiU No. 708) 

AN ORDINANCE concerning 

DISORDERLY PERSONS AND PROSTITUTES 

FOR the purpose of repealing certain obsolete provisions 
relating to paupers, habitual beggars, vagrants, 
vagabonds, and prostitutes; revising certain provisions 
relating to fortune telling. 

BY repealing and reordaining v^th amendments 

Code of Public Local Laws of Baltimore Qty (1979 

Edition, as amended) 
Section 24-1 to be under the amended subtitle "24. 

Fortune Tellers" 
Article 4 - Public Local Laws of Maryland 

BY repealing 

Code of Public Local Laws of Baltimore Qty (1979 

Edition, as amended) 
Subtitie 24. Vagrants and Disorderly Persons 
Sections 24-2 through 24-9 
Article 4 - Public Local Laws of Maryland 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That section(s) of the 
Public Local Laws of Baltimore Qty (1979 Edition, as 



114 



Ord. No. 314 



amended) be added, repealed, or amended, to read as 
follows: 

Subtitle 24 - [Vagrants and Disorderly Persons] FORTUNE 
TELLERS 

24-1. Fortune tellers. 

Every person who shall demand or accept any 
remuneration or gratuity for forecasting or foretelling or 
for pretending to forecast or foretell the future of another 
by cards, palmreading or any other scheme, practice or 
device, shall be deemed guilty of a misdemeanor and 
upon conviction thereof shall be [punished as hereafter 
provided,] FINED NOT MORE THAN $500 OR SUBJECT 
TO IMPRISONMENT FOR NOT MORE THAN 1 YEAR; and 
in any indictment for a violation of the above provisions, 
it shall be sufficient to allege that the defendant forecast 
and foretold or pretended to forecast or foretell the future 
by a certain scheme, practice or device without setting 
forth the particular scheme, practice or device employed. 

[24-2. Definitions. 

Every person who has no visible means of 
maintenance from property or personal labor, or is not 
permanently supported by his or her friends or relatives 
and lives idle without employment shall be deemed a 
pauper and every person who habitually wanders about 
and begs in the streets or from house to house or sits, 
stands or takes any position in any place and by words, 
gestures or other appeals, whether written or oral, solicits 
alms or begs from other persons shall be deemed an 
habitual beggar; and every person who wanders about 
and lodges in outhouses, market places or other public 
buildings or places or in the open air and has no 
permanent place of abode or visible means of 
maintenance shall be deemed a vagrant; and every person 
who leads a dissolute or disorderly coiurse of life, or 
cannot give an account of the means by which he or she 
procures a livelihood shall be deemed a vagabond or 
disorderly person; and every female person who shall 



115 



Ord. No. 314 



solicit or procure or attempt to solicit or procure or who 
shall walk the streets for the purpose of soliciting or 
procuring any male person or persons to engage in sexual 
intercourse or in any other immoral practice with her or 
any other person for compensation or reward shall be 
deemed a common prostitute. 

24-3. Arrests; warrants. 

Police officers acting on the request of any person or 
upon their own information or belief shall, without a 
warrant, arrest and carry before the District Court 
Commissioner for a determination of probable cause any 
person charged with violating any of the provisions of 
Section 24-1 pertaining to fortune tellers or Section 24-2 
pertaining to vagrants, prostitutes, and disorderly 
persons; provided that in all cases where such an arrest is 
made on the request of any person and without a warrant 
the officer making the arrest shall require the person 
requesting the arrest to immediately appear before the 
District Court Commissioner without delay and prefer a 
charge under oath against the person who was arrested. 

24-4. Penalties; minors. 

The Judge before whom any person so charged may 
be brought, upon proof that such person has violated any 
of the provisions of the above Sections 24-1 or 24-2, shall 
in his discretion, fine such person not exceeding the sum 
of five hundred dollars or sentence such person to be 
confined in jail or in the House of Correction or in such 
other suitable place as may hereafter be provided by the 
Mayor and Qty Council of Baltimore for a period not 
exceeding one year; provided that in the case of any 
person found to be a pauper or an habitual beggar who 
may not be able-bodied, but aged, or seriously crippled or 
infirm, the said court shall request the Department of 
Social Sendees to provide proper care; and provided 
further that any minor convicted under the provisions of 
the above Sections 24-1 or 24-2 may be sent to any 
reformatory institution to which minors may be 
committed under Article 27 of the Code of Public General 
Laws of Maryland. 



116 



Ord. No. 314 



24-5. Same; workhouse. 

Whenever any workhouse or other place shall be 
provided by the Mayor and Qty Council of Baltimore to 
which persons convicted of violating any of the provisions 
of the above Sections 24-1 or 24-2 may be sent, the court 
may send them to such workhouse or other place if the 
court considers it a more suitable place for purpose. 

24-6. Same; custody. 

The Department of Social Services or the officers of 
places respectively to which persons convicted of violating 
any of the provisions of the above Sections 24-1 or 24-2 
may be sent shall keep them during the time for which 
they may be committed so that they cannot escape from 
said places. 

24-7. Same; work. 

The said Department of Social Services or other 
officers respectively shall put such of said persons so 
convicted as are able to work to the work which they are 
best able to do. 

24-8. Same; rules and regulations. 

The Trustees of the almshouse or officers of the other 
places respectively to which persons convicted of violating 
any of the provisions of the above Sections 24-1 or 24-2 
may now or hereafter be sent shall have the right to make 
all proper rules and regulations for the purpose of 
carrying out the aforesaid provisions. 

24-9. Same; minors. 

Whenever any minor shall be brought before the 
Judge as aforesaid, the parents or guardians of such 
minor, if they be resident within the Qty of Baltimore and 
their names and place of residence be made known to 
such Judge, shall be siunmoned to show cause, if any 
they have, why such minor should not be sent to the 



117 



Ord. No. 315 



almshouse or other suitable place, or be otherwise 
punished according to law.] 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 315 

(Council Bill No. 652) 

AN ORDINANCE concerning 

PROSTITUTION-FREE ZONES 

FOR the purpose of prohibiting certain conduct within a 
prostitution-free zone; defining prostitution-free 
zones; authorizing the Police Commissioner to 
establish prostitution-free zones; providing notice; 
providing penalties; and generally relating to ef 
loitering in certain public places for the purpose of 
engaging in or promoting prostitution, lewdness, or 
assignation. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Loitering 
Section 58A(c) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY adding 

Article 19 - Police Ordinances 
Subtitle - Loitering 
Section 58A-1 

Baltimore City Code (1983 Replacement Volume, as 
amended) 



118 



Ord. No. 315 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Gty Code (1983 Replacement Volume, as 
amended) be repealed and reordained to read as follows: 

ARTICLE 19 - POUCE ORDINANCES 

Loitering 

58A- Loitering for the purpose OR WITH THE 
INTENTION of engaging in prostitution. 

c. Unlawful acts. 

(1) It shall be imlawful for any person or 
persons, who are remaining, standing, loitering, or 
wandering about in a public plac e AT ANY PUBLIC PLACE 
OR PLACE OPEN OR LEGALLY ACCESSIBLE TO THE 
PUBLIC, in such a manner as to beckon to, or repeatedly 
stop or repeatedly attempt to engage passersby in 
conversation, or repeatedly stop or attempt to stop motor 
vehicles, or repeatedly interfere with the free passage of 
other persons, for the purpose OR WITH THE INTENTION 
of either engaging in and/or promoting prostitution, 
lewdness, or assignation, to disobey a request by a police 
officer to move on. 

58A-1. PROSTITUTION-FREE ZONES. 

m IT SHALL BE UNLAWFUL FOR ANY PERSON 
TO LOITER OR REMAIN AT ANY PUBLIC PLACE OR 
PLACE OPEN OR LEGALLY ACCESSIBLE TO THE PUBLIC 
WITHIN A CERTIFIED PROSTITUTION-FREE ZONE, AS 
HEREIN PROVIDED, FOR THE PURPOSE OF E^JGx^GI^JG 
IN OR PRQMOTI>JG IF THE PERSON INTENTIONALLY 
ENGAGES IN OR PROMOTES PROSTITUTION, 
LEWDNESS OR ASSIGNATION. 

(A) A CERTIFIED PROSTITUTION-FREE 
ZONE IS A GEOGRAPHICAL AREA OF BALTIMORE CITY 
CERTIFIED AS SUCH BY THE POUCE COMMISSIONER, 
ENCOMPASSING SPECIFIED SEGMENTS OF STREETS, 
ALLEYS, WALKWAYS, PARKS, PUBUC ACCESS AREAS IN 



119 



Ord. No. 315 



RESIDENTIAL APARTMENT STRUCTURES, PLACES OF 
PUBLIC ACCOMMODATIONS, SCHOOLS, BUS STATIONS, | 



TRAIN DEPOTS, AND TAXI STANDS. 

(B) THE POUCE COMMISSIONER MAY 
ESTABUSH, ALTER, RECERTIFY OR TERMINATE SUCH 
CERTIFICATION FROM TIME TO TIME; PROVIDED, 
HOWEVER, THAT ANY CERTIFICATION WILL EXPIRE 
THREE (3) MONTHS AFTER THE DATE OF ITS 
CERTIFICATION UNLESS RECERTIFIED FOR AN 
ADDITIONAL THREE (3) MONTHS PRIOR TO 
EXPIRATION. THE COMMISSIONER MAY CERTIFY OR 
RE-CERTIFY A PROSTITUTION-FREE ZONE AFTER THE 
TWO 3-MONTH PERIODS PROVIDED HEREIN IF THE 
CONDITIONS IN SUBSECTION (O ARE MET AND 
THOSE FINDINGS INDICATE THAT THE CONDUCT 
PROHIBITED HEREIN HAS RETURNED TO THAT 
PARTICULAR PUBLIC PLACE OR PLACE OPEN OR 
LEGALLY ACCESSIBLE TO THE PUBLIC. THE 
COMMISSIONER SHALL DISSEMINATE TO ALL POUCE- 
ENFORCEMENT PERSONNEL A CURRENT LIST OF 
CERTIFIED PROSTITUTION-FREE ZONES. 

(Q TO DETERMINE WHETHER TO 
CERTIFY AN AREA AS A "PROSTITUTION-FREE ZONE" 
THE POUCE COMMISSIONER SHALL CONSIDER THE 
FOLLOWING: 

(1) ARRESTS OR OTHER 
STATISTICAL CRITERL\ FOR REPORTING CRIME WHICH 
ARE ACCEPTED AND RELIED UPON BY LAW 
ENFORCEMENT AGENCIES AND WHICH INDICATE A 
DISPROPORTIONATELY HIGH OCCURRENCE OF 
PROSTITUTION IN THE PROPOSED PROSTITUTION- 
FREE ZONE; 

(2) RELL^BLE, OBJECTIVE AND 
VERIFL^BLE INFORMATION WHICH INDICATES THAT 
PROSTITUTION IS OCCURRING IN THE PROPOSED 
PROSTITUTION-FREE ZONE; AND 

(3) ANY OTHER VERIFL^^LE 
INFORMATION ACCEPTABLE BY LAW ENFORCEMENT 



120 



t 



Ord. No. 315 



AGENCIES THAT INDICATES TO THE POUCE 
COMMISSIONER THAT THE HEALTH OR SAFETY OF 
THE RESIDENTS THAT LIVE IN OR NEAR THE 
PROPOSED PROSTITUTION-FREE ZONE IS 
ENDANGERED BY THE ACTIVITY OF PROSTITUTION. 

(D) PRIOR TO CERTIFYING OR 
RECERTIFYING A PROSTITUTION- FREE ZONE, THE 
POUCE COMMISSIONER SHALL: 

(1) CAUSE TO BE PUBLISHED IN ONE 
OR MORE NEWSPAPERS OF GENERAL CIRCULATION IN 
BALTIMORE CITY, AT LEAST ONE WEEK PRIOR TO 
CERTIFICATION, A LISTING OF SPECIFIC AREAS TO BE 
CERTIFIED; 

(2) PROVIDE WRITTEN NOTICE TO 
THE MAYOR AND THE PRESIDENT AND MEMBERS OF 
THE CITY COUNCIL, NOT LESS THAN ONE WEEK PRIOR 
TO CERTIFICATION, OF THE SPECIFIC AREA TO BE 
CERTIFIED, INaUDING THE BOUNDARIES OF THE 
AREA AND THE DATE WHEN CERTIFICATION WILL 
BEGIN; 

(3) AT LEAST THREE (3) DAYS PRIOR 
TO CERTIFICATION, PUBUSH A NOTICE OF 
CERTIFICATION IN THE AREA TO BE CERTIFIED. 
PUBLICATION SHALL BE BY USE OF MASS MEDL\, 
COMMUNITY NEWSLETTERS OR NEWSPAPERS, 
COMMUNTTY RELATIONS COUNCILS, BY POSTING 
NOTICES ON CTTY-OWNED POLES OR OTHER 
STRUCTURES IN THE AREA. POSTING NOTICES. AFTER 
OBTAINING PERMISSION. IN LOCAL SHOPS AND SHOP 
WINDOWS AND ON UTILTTY POLES. OR ANY OTHER 
MEANS DEEMED APPROPRL\TE. 

CE) PENALTIES. ANY PERSON VIOLATING ANY OF 
THE PROVISIONS OF THIS SECTION SHALL BE GUILTY 
OF A MISDEMEANOR AND UPON CONVICTION 
THEREOF SHALL BE SUBJECT TO A FINE OF NOT MORE 
THAN $1.000 OR IMPRISONMENT IN JAIL NOT 
EXCEEDING 90 DAYS. OR BOTH FINE AND 
IMPRISONMENT. IN THE DISCRETION OF THE COURT. 



121 



Ord. No. 316 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 



Approved March 28, 1994 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



ORDINANCE NO. 316 

(Council Bill No. 731) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

SERVICE AND HOUSING CENTER 

2437 W. BALTIMORE STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of a hom e 
for hom e l e ss p e rsons service and housing center on 
the property known as 2437 W. Baltimore Street, as 
outlined in red on the plats accompanying this 
ordinance , subject to a condition . 

BY authority of 

Article 30 - Zoning 
Sections 7.2-lcc-5 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of a hom e for hom e l e ss p e rsons service and 
housing center on the property known as 2437 W. 
Baltimore Street, as outlined in red on the plats 
accompanying this ordinance, under the provisions of 
Sections 7.2-lcc-5 and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) titled "Zoning'' and subject to the condition that 
the center shall house no more than ninety persons at a 



122 



Ord. No. 317 



time, which number may be increased after review and 
approval by the Qiief of the Fire Department of Baltimore 
Gtv. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved March 28, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 317 

(Council BUI No. 774) 

AN ORDINANCE concerning 

CORRECTIVE BILL - ORDINANCE NO. 293, 1994 
FRANCHISE 

FOR the purpose of amending Ordinance No. 293, 

approved February 14, 1994, granting a franchise for 
a conduit and ductbank. 



123 



Ord. No. 318 



BY repealing and reordaining with amendments 
Section 3 

Ordinance No. 293 of the Mayor and Qty Council of 
Baltimore, approved by the Mayor on February 
14, 1994. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section 3 of 
Ordinance No. 293, approved February 14, 1994, is 
hereby repealed and reordained with amendments to read 
as follows: 

"SEC. 3. AND BE IT FURTHER ORDAINED, That 
the said Grantee, its successors and assigns, shall 
pay to the Mayor and Qty Coimcil of Baltimore, 
as compensation for the franchise or privilege 
hereby granted, the sum of $15,862.50 per year, 
payable in advance during the continuance of 
this franchise or privilege, or any renewal 
thereof; and subject to the increase or decrease 
of this charge as provided in Section 4 herein." 

SEC. 2. AND BE IT FURTHER ORDAINED, That diis 
ordinance shall take effect on the date of its enactment. 

Approved March 28, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 318 

(Council Bill No. 775) 

AN ORDINANCE concerning 

CORRECTIVE BILL - ORDINANCE NO. 301, 1994 
FRANCHISE 

FOR the purpose of amending Ordinance No. 301, 

approved February 17, 1994, granting a franchise for 
a parking lot. 



124 



Ord. No. 319 



BY repealing and reordaining with amendments 
Section 3 
Ordinance No. 301 of the Mayor and Qty Council of 

Baltimore, approved by the Mayor on February 

17, 1994. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section 3 of 
Ordinance No. 301, approved February 17, 1994, is 
hereby repealed and reordained with amendments to read 
as follows: 

"SEC. 3. AND BE IT FURTHER ORDAINED, That 
the said Grantee, its successors and assigns, shall 
pay to the Mayor and Qty Council of Baltimore, 
as compensation for the franchise or privilege 
hereby granted, the sum of [$3,375.00] 
$2,375.00 per year, payable in advance during 
the continuance of this franchise or privilege, or 
any renewal thereof; and subject to the increase 
or decrease of this charge as provided in Section 
4 herein." 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved March 28, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 319 

(Council Bill No. 661) 

AN ORDINANCE concerning 

TRUCK PARKING 

FOR the purpose of increasing the fines for parking 

certain commercial vehicles near a residence for more 
than one hour. 



125 



Ord. No. 319 



BY repealing and reordaining with amendments 
Article 31 
Subtitle - Parking and Stopping Fines, Penalties and 

Procedures 
Section 152(p), 152(p-2) 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 31 - TRANSIT AND TRAFHC 

Parking and Stopping Fines, Penalties and Procedures 

152. Parking and stopping fines. 

Within the limits of the Qty of Baltimore the 
following parking and stopping fines are imposed in 
addition to the costs stipulated in the Annotated Code of 
Maryland: 

(p) Parking a commercial vehicle in front of or beside 
a residence for more than one hour unless the operator is 
performing work within one block, [$25.00] $75.00. 

(p-2) Parking a commercial vehicle exceeding 20,000 
pounds gross weight, in front of or beside a residence for 
more than one hour unless the operator is performing 
work within one block, or longer than one hour 
continuously between the hours of 1 a.m. and 7 a.m. on 
any street, lane or alley, [$75.00] $150.00. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved April 19, 1994 

KURT L. SCHMOKE, Mayor 



126 



Ord. No. 320 

CITY OF BALTIMORE 

ORDINANCE NO. 320 

(Council BUI No. 662) 

AN ORDINANCE concerning 

MINI-CROSSBOWS 

FOR the purpose of prohibiting the sale, purchase, or 
possession of mini-crossbows or pistol crossbows in 
Baltimore Qty. 

BY adding 

Article 19 - Police Ordinances 
Subtitle - Pistols and Guns 
Section 116A 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 19 - POUCE ORDINANCES 

Pistols and Gims 

Other weapons 

116A- MINI-CROSSBOWS AND PISTOL CROSSBOWS. 

(A) DEFINITIONS. AS USED IN THIS SECTION THE 
FOLLOWING WORDS HAVE THE MEANINGS INDICATED 
UNLESS THEIR CONTEXT CLEARLY INDICATES 
OTHERWISE. 

(1) "MINI-CROSSBOW OR PISTOL CROSSBOW 
MEANS A WEAPON CONSISTING OF A BOW FIXED 
ACROSS A STOCK OR PISTOL-SHAPED DEVICE HAVING 



127 



Ord. No. 321 



A GROOVE OR BARREL FOR THE ARROW OR SIMILAR 
MISSILE AND A MECHANISM FOR HOLDING AND 
RELEASING THE STRING, USED FOR SHOOTING 
ARROWS OR SIMILAR MISSILES AND HAVING AN 
OVERALL LENGTH OF LESS THAN 18 INCHES. 

(2) "PERSON" MEANS AN INDIVIDUAL, 
CORPORATION, PARTNERSHIP, BUSINESS ENTITY, 
SOLE PROPRIETORSHIP, OR ANY OTHER PUBLIC OR 
PRIVATE ENTITY. 

(B) PROHIBITED. A PERSON SHALL NOT WEAR, 
CARRY, POSSESS, SELL, PURCHASE, TRANSFER, GIVE, 
OR TRADE A MINI-CROSSBOW OR PISTOL CROSSBOW 
IN THE CITY OF BALTIMORE. 

(Q PENALTY. ANY PERSON WHO VIOLATES A 
PROVISION OF THIS SECTION SHALL BE GUILTY OF A 
MISDEMEANOR AND SUBJECT TO A FINE OF NOT 
MORE THAN $500 OR IMPRISONMENT FOR NOT MORE 
THAN 90 DAYS OR BOTH FINE AND IMPRISONMENT. 

(D) EXEMPTIONS. THE PROVISIONS OF THIS 
SECTION SHALL NOT APPLY TO A SWORN POUCE 
OFFICER, TO A MUSEUM OR SIMILAR INSTITUTION 
FOR HISTORICAL DISPLAY PURPOSES, OR TO A 
DEMONSTRATION BY AN ORGANIZATION AT A PUBLIC 
EVENT APPROVED BY THE POUCE COMMISSIONER OF 
BALTIMORE CITY. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved April 19, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 321 

(Council BUI No. 754) 



128 



Ord. No. 322 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - ELMLEY AVENUE 

FOR the purpose of rej)ealing Ordinance No. 373, 

approved May 2, 1985, which provided for reserved 
handicapped parking on the south side of Elmley 
Avenue east of Erdman Avenue for A.G. Mannion. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 373, 
approved May 2, 1985, is hereby repealed and the 
authorization for reserved handicapped parking on the 
south side of Elmley Avenue east of Erdman Avenue for 
A.G. Mannion therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved April 19, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 322 

(Council Bill No. 755) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - FORT AVENUE 

FOR the purpose of repealing Ordinance No. 812, 
approved October 27, 1986, which provided for 
reserved handicapped parking on the north side of 
Fort Avenue east of Stevenson Street for Anita J. 
Weigman. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 812, 
approved October 27, 1986, is hereby repealed and the 
authorization for reserved handicapped parking on the 



129 



Ord. No. 323 



north side of Fort Avenue east of Stevenson Street for 
Anita J. Weigman therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved April 19, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 323 

(Council BUI No. 644) 

AN ORDINANCE concerning 

REAL PROPERTY TAX - SEML\NNUAL PAYMENT 

FOR the piirpose of authorizing certain property owners 
to elect to pay real property taxes on a semiannual 
basis pursuant to the authorization given to the Qty 
by Section 10-204.3 of the Tax General Property 
Article of the Annotated Code of Maryland; 
establishing the tax years to which a semiannual 
schedule applies; requiring certain property owners to 
pay a certain service charge; providing for the 
adoption and calculation of the service charge; 
requiring that a property tax bill include certain 
information; establishing the dates by which a 
property tax must be paid under a semiannual 
schedule; requiring that the property tax be paid in a 
certain manner if an escrow account is established; 
providing for the application of this A€^ Ordinance ; 
and generally relating to the payment of property 
taxes on a semiannual basis. 

BY adding 

Article 28 - Taxes 

Section 16B, to be under the new subtitle "Real 
Property Tax - Semiannual Payment" 



130 



Ord. No. 323 



Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 28 - TAXES 

REAL PROPERTY TAX - SEMIANNUAL PAYMENT 

16B. REAL PROPERTY TAX - SEMIANNUAL PAYMENT. 

(A) DEFINITIONS. 

CD "FIRST TIME RESIDENTIAL 
PROPERTY BUYER" MEANS AN INDIVIDUAL WHO HAS 
NOT OWNED A PRINCIPAL RESIDENCE DURING THE 3 
CALENDAR YEARS PRECEDING THE DATE OF 
PURCHASE OF A PROPERTY FOR WHICH AN ELECTION 
OF SEML^NUAL PROPERTY TAX PAYMENTS MAY BE 
MADE, AND WHO DOES NOT CURRENTLY OWN 
RENTAL PROPERTY. SECOND HOMECS) OR OTHER 
RESIDENTIAL REAL ESTATE. 

(ID "residentl^ll property buyers 

MEANS THE BUYER, WHO IS NOT ALSO THE 
grantor, of a dwelling which IS: 

1. USED OR INTENDED TO BE 
USED AS THE PRINCIPAL RESIDENCE OF A 
HOMEOWNER AND THE LOT OR CURTILAGE ON 
WHICH THE HOUSE IS ERECTED: 

2. OCCUPIED BY NOT MORE 
THAN 2 FAMILIES: AND 

3. ACTUALLY OCCUPIED OR 
EXPECTED TO BE ACTUALLY OCCUPIED BY THE 
HOMEOWNER FOR MORE THAN 6 MONTHS DURING 
THE TAXABLE YEAR FOR WHICH THE ELECTION TO 



131 



Ord. No. 323 



PAY THE REAL PROPERTY TAX SEMIANNUALLY IS 
BEING MADE. 

y^ iB) PURSUANT TO THE PROVISIONS OF 
SECTION 10-204.3 OF THE TAX-GB4H^AL PROPERTY 
ARTICLE OF THE ANNOTATED CODE OF MARYLAND, 
ANY FIRST TIME RESIDENTIAL PROPERTY BUYER OR 
ANY RESIDENTLU PROPERTY BUYER PERSON WHO ON 
OR AFTER JULY 1, 1993 MAKES A FIRST TIME 
PURCHASE OF A SDvJGLE FAMILY RESIDENTUVL 
PROPERTY FOR THE PURPOSE OF QCCUPYI>JG THE 
RESIDFJvJCE AS HIS OWN DWELLING y MAY, AT THE 
TIME OF TRANSFER OF THE PROPERTY, ELECT TO PAY 
THE REAL PROPERTY TAXES DUE UNDER THIS 
SECTION ON A SEMLANNUAL PAYMENT SCHEDULE; 
PROVIDED, HOWEVER. THAT THE ELECTION 
REFERRED TO IN THIS SECTION SHALL BE AVAILABLE 
ONLY TO FIRST TIME RESIDENTLflJ. PROPERTY BUYERS 
TO WHOM THE PROPERTY IS TRANSFERRED ON OR 
AFTER APRIL 1, 1994. AND TO ANY RESIDENTLU 
PROPERTY BUYER TO WHOM THE PROPERTY IS 
TRANSFERRED ON OR AFTER JANUARY 1. 1995 . 

miSlA SEMLANNUAL PAYMENT SCHEDULE 
ELECTED UNDER THIS SECTION SHALL APPLY TO THE 
PROPERTY TAX DUE FOR THE TAX YEAR FOLLOWING 
TRANSFER OF THE PROPERTY AND EACH SUBSEQUENT 
TAX YEAR UNTIL THE PROPERTY OWNER ELECTS TO 
PAY THE REAL PROPERTY TAX ON AN ANNUAL 
PAYMENT SCHEDULE. THE ANNUAL PAYMENT 
SCHEDULE SHALL THEREAFTER BE IN EFFECT FOR 
THAT PROPERTY AS LONG AS IT IS OWNED BY THE 
PROPERTY OWNER WHO ELECTED THE ANNUAL 
PAYMENT SCHEDULE . 

^ IDl A PROPERTY OWNER ELECTING TO PAY 
REAL PROPERTY TAXES UNDER A SEMLANNUAL 
PAYMENT SCHEDULE SHALL ANNUALLY PAY A SERVICE 
CHARGE WITH THE SECOND INSTALLMENT. THE 
SERVICE CHARGE IMPOSED BY THIS SECTION AND ALL 
INTEREST AND PENALTIES DUE UPON THE PRINCIPAL 
AMOUNT OF SEMLANNUAL INSTALLMENTS SHALL BE A 
LIEN UPON THE PROPERTY OF ANY PERSON LIABLE TO 



132 



Ord. No. 323 



PAY THE SAME TO THE CITY AND SUCH LIEN SHALL 
BE RECORDED AND COLLECTED IN THE SAME 
MANNER AS TAXES ARE COLLECTED. 

4£^ lEi THE BOARD OF ESTIMATES SHALL ADOPT 
A SERVICE CHARGE WHICH IS: 

(1) EXPRESSED AS A PERCENT OF THE 
AMOUNT OF TAX DUE AT THE SECOND INSTALLMENT 
AND SHOWN ON THE TAX BILL AS A PERCENT AND 

ACTUAL DOLLAR AMOUNT CHARGED; AND ^ 

(2) CALCULATED IN AN AMOUNT: }f 

(D REASONABLY EQUIVALENT TO THE ^ 

ANTICIPATED LOST INTEREST INCOME ASSOCIATED / 

WITH THE DELAY IN PAYMENT OF THE SECOND ^ 

INSTALLMENT; AND ^ 

I 

(ID COVERING ADMINISTRATIVE ji 

EXPENSES ASSOCIATED WITH THE SEMIANNUAL 
PAYMENT NOT EXCEEDING 25% OF THE CHARGE FOR 
LOST INTEREST. 

^ ia THE PROPERTY TAX BILL UNDER A 
SEMIANNUAL SCHEDULE SHALL STATE: 

(1) THE AMOUNT OF THE TAX DUE IF PAID IN 
FULL, INCLUDING ANY APPLICABLE DISCOUNTS FOR 
EARLY PAYMENT; 

(2) THE AMOUNT OF THE TAX DUE IF PAID IN 
SEMLfl^NUAL INSTALLMENTS, INCLUDING ANY 
APPLICABLE DISCOUNTS FOR EARLY PAYMENT OF THE 
FIRST INSTALLMENT; 

(3) THE AMOUNT OF SERVICE CHARGE TO BE 
PAID WITH THE SECOND INSTALLMENT; AND 

(4) THE DATE THE TAX PAYMENT IS DUE. 

{F> iGl A PAYMENT UNDER A SEMIANNUAL 
SCHEDULE IS DUE: 



2 



133 



Ord. No. 323 

(1) FOR THE FIRST INSTALLMENT: 

(D ON JULY 1 OF THE TAX YEAR; AND 

(ID MAY BE PAID WITHOUT INTEREST 
AND PENALTY ON OR BEFORE SEPTEMBER 30 OF THE 
TAX YEAR; AND 

(2) FOR THE SECOND INSTALLMENT: 

(D ON JANUARY 1 OF THE TAX YEAR; 
AND 

(ID EXCEPT FOR THE SERVICE CHARGE, 
MAY BE PAID WITHOUT INTEREST AND PENALTY ON 
OR BEFORE JANUARY 31 OF THE TAX YEAR. 

CH) EACH SEML^NNUAL INSTALLMENT OF REAL 
PROPERTY TAX PAYMENT DUE SEPTEMBER 30 AND 
JANUARY 31 OF THE TAX YEAR SHALL BE OVERDUE 
AND IN ARREARS ON THE FIRST DAY AFTER THE 
RESPECTIVE AFOREMENTIONED DATES AND SHALL 
BEAR INTEREST AT THE RATE OF 1 PERCENT FOR 
EACH MONTH AND FRACTION THEREOF, AND 
PENALTY AT THE RATE OF 1 PERCENT FOR EACH 
MONTH AND FRACTION THEREOF UNTIL PAID. 

<^ in IF AN ESCROW ACCOUNT IS ESTABUSHED 
FOR THE PAYMENT OF THE PROPERTY TAX, THE TAX 
SHALL BE PAID IN ANNUAL OR SEMIANNUAL 
INSTALLMENTS AS DIRECTED BY THE PROPERTY 
OW^JER OR BORROWER FIRST TIME RESIDENTLU 
PROPERTY BUYER OR RESIDENTLAL PROPERTY BUYER. 

(J) THE DIRECTOR OF FINANCE IS HEREBY 
AUTHORIZED AND EMPOWERED TO MAKE, ADOPT 
AND AMEND SUCH RULES AND REGULATIONS AS HE 
MAY DEEM NECESSARY AND PROPFJl TO CARRY OUT 
THE PROVISIONS OF THIS SECTION, AND TO 
CONDUCT INVESTIGATIONS TO ASSURE COMPLLANCE 
WITH THE PROVISIONS OF THIS SECTION. 



134 



Ord. No. 324 



SEC. 2. AND BE IT FURTHER ORDAINED, That 

this ordmance shall take effect on the 30th day after the 
date of its enactment and be applicable to all taxable 
years beginning after June 30, 1994. 

Approved April 25, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 



V 



ORDINANCE NO. 324 ^ 

(Council BUI No. 770) ^ 

AN ORDINANCE concerning j{ 

URBAN RENEWAL - COLDSPRING - AMENDMENT NO. 7 ^ 

FOR the purpose of amending the Urban Renewal Plan ^ 

for Coldspring to, among other things, revise the ^ 

configuration of certain disposition lots; correct the (i 

boimdaries of certain disposition lots to reflect ^ 

existing conditions; recommend certain land use and 
zoning changes; update the Plan text to reflect 
current planning efforts; waive such requirements, if 
any, as to content or procedure for the preparation, 
adoption, and approval of renewal plans as set forth 
in Article 13 of the Baltimore Qty Code (1983 
Edition, as amended) which the Renewal Plan for 
Coldspring may not meet; provide for the severabiHty 
of the various parts and appUcations of this 
ordinance; provide that where the provisions of this 
ordinance shall conflict with any other ordinance, 
code or regulation in force in the Qty of Baltimore, 
the provision which estabUshes the higher standard 
shall prevail; and provide for an effective date 
thereof. 

WHEREAS, An Urban Renewal Plan for Coldspring 
was approved by the Mayor and Qty Council of Baltimore 
by Ordinance No. 242, dated January 8, 1973, and 
amended by Ordinance No. 847, dated April 7, 1975, by 
Ordinance No. 382, dated May 3, 1985, by Ordinance No. 



135 



Ord. No. 324 



572, dated December 17, 1985, by Resolutions of the 
Board of Estimates on October 8, 1975 and April 21, 
1982; and by Ordinance No. 678, dated June 5, 1986; 
and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of renewal plans, namely the preparation of such 
change or changes by the Department of Housing and 
Commimity Development, the approval of such change or 
changes by the Director of the Department of Planning, 
and approval and adoption by an ordinance of the Mayor 
and Qty Council of Baltimore after a public hearing in 
relation thereto, all in the manner set forth in said Article 
13; and 

WHEREAS, It is necessary to amend the Urban 
Renewal Plan for Coldspring to revise the configuration of 
certain disposition lots and recommend certain land use 
and zoning changes and to otherwise conform said plan 
to the Planned Unit Development zoning set forth and 
previously enacted in Ordinance No. 266, approved 20 
October 1993 : and 

WHEREAS, The Department of Housing and 
Community Development has prepared a list of changes 
to the Renewal Plan for Coldspring, identified as 
"Amendment No. 7 to the Urban Renewal Plan for 
Coldspring, dated February 28, 1994"; and 

WHEREAS, Said Amendment No. 7 to the Renewal 
Plan for Coldspring has been approved by the Director of 
the Department of Planning with respect to its conformity 
as to the Master Plan; the detailed location of any public 
improvements proposed in the amended Renewal Plan; its 
conformity to the rules and regulations for subdivisions; 
and its conformity to existing zoning classifications; and 
said Amendment No. 7 to the Renewal Plan has been 
approved and recommended to the Mayor and Qty 



136 



^ 



X 



Ord. No. 324 



Council of Baltimore by the Commissioner of the 
Department of Housing and Commmiity Development; 
now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the following 
amendment and changes to the Renewal Plan for 
Coldspring, having been duly reviewed and considered, 
are hereby approved, and the Qerk of the Qty Council is 
hereby directed to file a copy of said Renewal Plan, 
revised to include Amendment No. 7, dated February 28, 

1994, with the Department of Legislative Reference as a ^ 

permanent public record and make the same available for ^ 

public inspection and information: v^ 

1. In Section B.l, "Housing Objectives", page ^ 
3, strike "Subsidized housing programs will ^ 
be utilized to provide housing for moderate 
income famiUes.". 

2. In Section B.2, "Social Objectives", page 3, 
in the first paragraph after "recreation and 
health programs" insert "and the creation of 
a neighborhood center"; and strike the 
second and third paragraphs. 

3. In Section B.3, "Environmental Objectives", 
page 3, amend the first paragraph to read: 

"The rugged topography of the site will be 
utilized as a natural asset in the design of 
the new community. Cylbtun Park, a 
natural wildlife preserve within the project 
boundaries, will be protected by the 
addition of land in die form of a conversion 
of a 15.157+ acre tract of wooded land 
(Disposition Lot #46) previously scheduled 
for development, to the Department of 
Recreation and Parks to be an addition to 
the Cylbum Arboretum, and the transfer of 
a 7.95+ acre parcel of land adjacent to 
Cylbum (Disposition Lot #37) to Recreation 
and Parks. Flood plain areas and areas of 



137 



Ord. No. 324 



greatest natural beauty will not be 
developed.". 

4. In Section B.4, "Economic Objectives", page 
4, amend the first paragraph to read as 
follows and strike the second paragraph: 

"Housing is the single largest 
component of Coldspring's 
development. Housing will be 
provided for a range of income levels 
including for sale and rental units with 
primary focus on developing market 
rate for sale housing for middle 
income individuals and families.". 

5. In Section B.6, "Development Objectives", 
page 4, strike the second sentence. 

6. In Section C.2, "Description of Predominant 
Land Uses - Residential", page 4, add 
"detached dwellings" as follows: 

(a) in the first paragraph, insert before 

"semi-detached dwellings"; 

(b) Under "R-5 Zoning District" insert: 
"Detached DweUings 5000 sq.ft/d.u. 

35%"; 

(c) Under "R-6 Zoning District" insert: 
"Detached Dwellings 5000 sq.ft/d.u. 

35%". 

7. In Section E.l, "General Provisions (2)", 
page 8, in the second line strike "and 
Exhibit ND 401.5, Master Plan, ". 

8. In Section E.l, "General Provisions (6)", 
page 8, insert under (a) 

*Detached Houses 2 spaces per dwelling 
unit". 



138 



Ord. No. 324 



9. In Section E.3, Tledeveloper's Obligations", 
page 9, strike tiie first 2 Hnes. 

10. Strike Section E.4 on page 9. 

11. In Section F.3, Heasons for the Various 
Provisions of This Plan", page 12, amend 
Section c to read: 

"c. The Coldspring Plan will provide 

additional land to Cylbum Park and ^ 

will control access to it to ensure ^ 

continued protection of the park ^ 

environment through a detailed 5^ 

process of site plan, architectural, and 9 

environmental review of all proposed ^ 

development projects.". 6 

SEC. 2. AND BE IT FURTHER ORDAINED, That in 2 

whatever respect, if any, the said amended Renewal Plan ^ 

approved hereby may not meet the requirements as to the (L 

content of a renewal plan or the procedures for the ^ 

preparation, adoption, and approval of renewal plans, as 
provided in Article 13 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), the said requirements 
are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in die 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
ordinance, or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and Qty Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 



139 



V 



Ord. No. 325 



zoning, building, electrical, plumbing, health, fire, or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
and protection of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City 
of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, 
the provision of this ordinance shall prevail, and the other 
existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That all 
persons proceeding under the authority of this amended 
Renewal Plan shall stricdy comply with the requirements 
of Article 9A - Forest and Tree Conservation of the 
Baltimore City Code. 

SEC. §6. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved May 12, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 325 

(Council Bill No. 655) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 
341 NORTH CALVERT STREET 

FOR the purpose of authorizing the construction and 
maintenance of a handicap ramp projecting 



140 



Ord. No. 326 



approximately 4 feet into the public right-of-way on 
the edst west side of the property known as 341 
North Calvert Street and extending for a length of 
approximately 30 feet . 

BY authority 

Article 32 - Building Code 

Subtide - Article 5 - General Building Limitations 

Section 507.2, 507.12 

Baltimore Qty Building Code (1990 Edition, as 

amended) ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND ^ 

CITY COUNCIL OF BALTIMORE, That the construction \f, 

and maintenance of a handicap ramp are hereby {{ 

authorized on the east west side of the property known as ^ 

341 North Calvert Street. The ramp shall be ^ 
approximately 4 feet v^de. The structure shall project 

into the public right-of-way approximately 4 feet and shall 2 

extend for a length of approximately 30 feet . $2 

t 

Except as specifically provided in this ordinance, all ^ 

ordinances and all rules and regulations of the Mayor and 
Qty Council of Baltimore shall be complied with in the 
construction and maintenance of this structure. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved May 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 326 

(Council Bill No. 688) 

AN ORDINANCE concerning 

URBAN RENEWAL - LIBERTY-GARRISON BUSINESS 
AREA - AMENDMENT NO. 1 



141 






^ 



Ord. No. 326 



FOR the purpose of amending the Urban Renewal Plan 
for Liberty-Garrison Business Area to, among other 
things, extend the boundary of the area to include 
3403 and 3405 Garrison Boulevard; authorize a 
change in zoning of these properties from the R-6 and 
R-4 Districts to the B-2-1 District; add a Community 
Business A District and list the uses permitted in this 
district; require any rehabilitation within the 
Commercial Business A District to preserve the 
residential character of the property; increase the 
penalty for noncompliance and provide for 
enforcement by injunction; amend the Land Use Plan 
map and the Zoning map; waive such requirements, if 
any, as to content or procedure for the preparation, 
adoption, and approval of renewal plans as set forth 
in Article 13 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) which the 
Renewal Plan for Liberty-Garrison may not meet; 
provide for the severability of the various parts and 
applications of this ordinance; provide that where the 
provisions of this ordinance shall conflict v^th any 
other ordinance, code, or regulation in force in the 
Qty of Baltimore, the provision which establishes the 
higher standard shall prevail; and provide for an 
effective date thereof. 

WHEREAS, An Urban Renewal Plan for Liberty- 
Garrison Business Area was first approved by the Mayor 
and Qty Council of Baltimore by Ordinance No. 534 
dated June 20, 1990; and 

WHEREAS, It is necessary to amend the plan for the 
Liberty-Garrison area to extend the boundary of the area 
and add a Commercial Business A District, and to increase 
the penalties for noncompliance; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
City Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan, namely the preparation of 



142 



Ord. No. 326 



such change or changes by the Department of Housing 
and Community Development, the approval of such 
change or changes by the Director of the Department of 
Planning, and approval and adoption by an ordinance of 
the Mayor and Qty Council of Baltimore after a public 
hearing in relation thereto, all in the manner set forth in 
said Article 13; and 

WHEREAS, The Department of Housing and 
Community Development has prepared an amended 

Urban Renewal Plan for the Liberty-Garrison Business x 

Area to incorporate these changes; and ^ 

WHEREAS, Said amended Urban Renewal Plan has ^ 

been approved by the Director of the Department of y 

Planning with respect to its conformity as to the Master /■ 

Plan, the detailed location of any public improvements (l 

prop)osed in the amended Renewal Plan, its conformity to ^ 

the rules and regulations for subdivisions, its conformity 3 

to existing zoning classifications; and said amended J 

Urban Renewal Plan has been approved and y 
reconmiended to the Mayor and City Council of Baltimore 
by the Commissioner of the Department of Housing and 
Community Development; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan, identified as "Urban Renewal Plan Liberty- 
Garrison Business Area", revised to include Amendment 
No. 1, dated October 25, 1993, having been duly 
reviewed and considered, is hereby approved and the 
Clerk of the Qty Council is hereby directed to file a copy 
of said amended Urban Renewal Plan v^th the 
Department of Legislative Reference as a permanent 
public record and to make the same available for public 
insp)ection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
boundary description contained in Section A.1 of the Plan 
shall be revised to include Lots 1/3 and 4 of Block 2930 
and to read as follows: 



143 



% 



Ord. No. 326 



"BEGINNING FOR THE SAME AT THE 
INTERSECTION OF THE EAST SIDE OF AYRDALE 
AVENUE AND THE NORTH SIDE OF LIBERTY HEIGHTS 
AVENUE; THENCE BINDING ON THE EAST SIDE OF 
AYRDALE AVENUE SOUTHWESTERLY TO INTERSECT 
THE SOUTH SIDE OF LIBERTY HEIGHTS AVENUE; 
THENCE BINDING ON THE SOUTH SIDE OF LIBERTY 
HEIGHTS AVENUE SOUTHEASTERLY TO INTERSECT 
THE DIVISION LINE BETWEEN LOTS 8 AND 7, WARD 
15, SECTION 26, BLOCK 2904; THENCE BINDING ON 
SAID DIVISION LINE SOUTHWESTERLY TO INTERSECT 
THE SOUTH SIDE OF THE FIFTEEN FOOT ALLEY; 
THENCE BINDING ON THE SOUTHSIDE OF SAID ALLEY 
NORTHWESTERLY TO INTERSECT THE EAST SIDE OF 
AYRDALE AVENUE; THENCE BINDING ON THE EAST 
SIDE OF AYRDALE AVENUE SOUTHWESTERLY TO 
INTERSECT THE WEST SIDE OF GARRISON 
BOULEVARD; THENCE BINDING ON THE WEST SIDE OF 
GARRISON BOULEVARD NORTHWESTERLY TO 
INTERSECT THE WEST SIDE OF BERWYN AVENUE; 
THENCE BINDING ON THE WEST SIDE OF BERWYN 
AVENUE NORTHWESTERLY TO INTERSECT THE NORTH 
SIDE OF LIBERTY HEIGHTS AVENUE; THENCE BINDING 
ON THE NORTH SIDE OF LIBERTY HEIGHTS AVENUE 
SOUTHEASTERLY TO INTERSECT THE WEST SIDE OF 
GARRISON BOULEVARD; THENCE BINDING ON THE 
WEST SIDE OF GARRISON BOULEVARD NORTHERLY 
AND TRAVERSING GARRISON BOULEVARD TO 
INTERSECT THE DIVISION LINE BETWEEN LOTS 1/3 
AND 13A, WARD 15, SECTION 22, BLOCK 2930, AS 
EXTENDED; THENCE BINDING ON SAID DIVISION LINE 
SOUTHEASTERLY APPROXIMATELY ONE HUNDRED 
FIFTY FEET AND; THENCE BINDING SOUTHERLY ON 
SAME DIVISION LINE TO INTERSECT THE DIVISION 
LINE BETWEEN LOTS 13A, 1/3 AND 4, WARD 15, 
SECTION 22, BLOCK 2930; THENCE BINDING ON SAID 
DIVISION LINE SOUTHEASTERLY TO INTERSECT THE 
DIVISION LINES BETWEEN LOTS 4, 6/7, 8/9, 10, 11, 12 
AND 13, WARD 15, SECTION 22, BLOCK 2930, AS 
EXTENDED; THENCE BINDING ON SAID DIVISION LINE 
EXTENDED TO INTERSECT THE EAST SIDE OF AYRDALE 
AVENUE: THENCE BINDING ON THE EAST SIDE OF 



144 



Ord. No. 326 



AYRDALE AVENUE SOUTHWESTERLY TO THE POINT OF 
BEGINNING.'' 

SEC. 3. AND BE IT FURTHER ORDAINED, That page 
2 of the Plan shall be amended as follows: 

In Section A.3 - Types of Proposed Renewal 
Action add: 

"c. Change Lots 1/3 and 4, Ward 15, 
Section 22, Block 2930, from R-6 and R-4 respectively to ^ 

B-2-1.'' ^ 

In Section B.2 - Permitted Land Uses amend the ^ 

second sentence to read: x 

^ 

These are conmiimity business, community ^. 

business A, and residential limited to an authorized off- ^ 

street parking lot." ig 



SEC. 4. AND BE IT FURTHER ORDAINED, That on 
page 3 of the Plan add to Section B.2 - Permitted Land 
Uses: 

%. Conmiunitv Business A 

Only the following uses shall be permitted within 
the area designated as Community Business A on the 
Land Use Plan Map, Exhibit 1. Further, the use or 
uses shall conform with applicable regulations of the 
Zoning Ordinance of Baltimore Qty: 

antique shops, art and school supply stores, 
automobile accessory stores (with no repair or 
installation services), banks and building and loan 
associations, barber shops, beauty shops, bicycle sales, 
rental, and repair stores, book and magazine stores 
and similar establishments (Qass A), blue printing 
and photostating establishments, bowling 
establishments, business and office machine sales, 
rental and service, camera and photographic supply 
stores, candy and ice cream stores, carpet and rug 
stores, catering establishments, food, check cashing 



145 



>. 



Ord. No. 326 



agencies, china and glassware stores, clothing and 
costume rental stores, clothes pressing establishments, 
coin and philatelic stores, communication systems - 
sales and service, dance halls, data processing centers, 
nurseries, group day care centers, and nursery 
schools, department stores, display rooms for mail 
order sales, dry cleaning laundry and launderettes, 
dwellings, electrical and household appliance stores, 
employment agencies, fabric shop, financial 
institutions, furniture stores, florist shops, food stores, 
grocery stores, meat markets, bakeries and 
delicatessen, furrier shops, garden supply, tool and 
seed stores, gift and card stores, hardware stores, 
hobby shops, interior decorating shops, jewelry shops, 
laboratories, leather goods and luggage stores, 
locksmiths, libraries and art galleries, medical and 
dental clinics, meeting and banquet halls, millinery 
shops, musical instruments sales and repair, multi- 
purpose neighborhood centers, newsstand, novelty 
shops, office -business, governmental and professional, 
office supply stores, optician sales, orthopedic and 
medical appliance stores, paint, wallpaper, tiles and 
floor covering stores, pet shops, phonograph record 
and sheet music stores, photocopying service, 
photographers, picture framing shops, post offices, 
printing establishments, radio and television sales and 
service, recording studios, recreation buildings and 
community centers, restaurants and lunch rooms, 
secretarial and telephone answering services, sewing 
machines sales and service, shoe and hat repair 
stores, shoe shine parlors, sporting and athletic goods 
store, stationary stores, tailor or dressmaking shops, 
tobacco shops, travel bureaus, toy stores, variety 
stores, Venetian blind and window shade sales and 
service, watch and clock shops, wig shops" 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
page 6 of the Plan amend Section C.2 - Rehabilitation to 
read as follows: 

"2. Rehabilitation 



146 



Ord. No. 326 



Wthin the project area certain 
rehabilitation standards over and above the 
codes and ordinances of the Qty of Baltimore 
shall be applied to all non-residential properties, 
reference Illustration B, page 7. The owner of 
these properties will be required to undertake 
the rehabilitation of these properties which are 
capable of being brought up to the rehabilitation 
standards whether occupied or not. 
Additionally, any rehabilitation or renovation 

proposed within the boundaries of Community X 

Business A must be in conformance with and ^ 

have the result of preserving the present ^ 

residential character of the affected prof>erties ^ 

with regard to building and site design, v 

architectural treatment, and construction ^ 

materials. The Liberty-Garrison Property (^ 

Rehabilitation Standards are described as 
follows:" 



SEC. 6. AND BE IT FURTHER ORDAINED, That on 
page 14, Section C.3.a shall be amended to read as 
follows: 

"a. Penalty for Non-Compliance 

Any person violating the provisions of this 
ordinance shall be subject to a fine not 
exceeding Five Hundred Dollars ($500.00) and 
that each day's violation shall constitute a 
separate offense. This ordinance may also be 
enforced by injunction." 

SEC. 7. AND BE IT FURTHER ORDAINED, That the 
following revised and/or new Appendices and Exhibits are 
hereby approved: 

Exhibit 1 - Land Use Plan, and 
Exhibit 4 - Zoning Districts. 

SEC. 8. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Renewal Plan 
approved hereby may not meet the requirements as to the 



147 



I 



Ord. No. 326 



content of a Renewal Plan or the procedures for the 
preparation, adoption, and approval of a renewal plan, as 
provided in Article 13 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), the said requirements 
are hereby waived and the amended Renewal Plan 
approved hereby is exempted therefrom. 

SEC. 9. AND BE IT FURTHER ORDAINED, That m die 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and City Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part or the application thereof so held invalid. 

SEC. 10. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire, or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
and protection of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 
other ordinance or code or regulation in force in the City 
of Baltimore which establishes a lower standard for the 
public health and safety, the provision of this ordinance 
shall prevail, and the other existing provision of such 
other ordinance or code or regulation is hereby repealed 
to the extent that it may be found in conflict with this 
ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 



148 



Ord. No. 327 



Approved May 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 327 

(Council Bill No. 705) 



AN ORDINANCE concerning ^ 

OVERNIGHT SHELTERS K 

\ 

FOR the purpose of requiring annual assessments of the ft 

number of homeless persons and of shelter /• 

availability? ; defining certain terms; and requiring the ^. 

Commission e r of Housing and Communit^r g^ 

Dovolopm e nt Mayor^s Office of Homeless Services to jj 

prepare an annual plan to decrease the number of 
homeless persons. 



BY adding 

Articl e 13 — Housing and Urban Renewal 
Article 1 - Mayor, Gty Council, and Mimicipal 

Agencies 
Section 81 85 Sections 248-252 inclusive, to be imder 

the new subtitle "Overnight Shelters" 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volimie, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 13 HOUSI^JG A>JD URB.^^J RENEWx^L 
ARTICLE 1 - MAYOR, CITY COUNCIL, 
AND MUNICIPAL AGENCIES 



I 



149 



Ord. No. 327 

OVERNIGHT SHELTERS 

^248. DECLARATION OF POUCY. 

IN THE INTEREST OF PREVENTING HUMAN 
SUFFERING AND REDUCING THE COSTS OF PROVIDING 
MEDICAL CARE AND POUCE PROTECTION, AND IN 
RECOGNITION OF THE NEED OF ALL PERSONS TO 
ADEQUATE OVERNIGHT SHELTER, IT IS THE PUBLIC 
POUCY OF THE CITY OF BALTIMORE TO ENSURE 
ASSIST THE PRIVATE SECTOR IN PROVIDING 
ADEQUATE OVERNIGHT SHELTER AND SERVICES FOR 
ALL HOMELESS PERSONS IN BALTIMORE REQUESTING 
SUCH SHELTER AND WILLING TO ABIDE BY 
REASONABLE REGULATIONS GOVERNING THE USE OF 
SHELTER FAQLITIES. 

S3 249. "HOMELESS" DEFINED. 

A PERSON SHALL BE CONSIDERED HOMELESS IF: 

(1) THE PERSON HAS NO PRESENT 
POSSESSORY INTEREST IN A LIVING 
ACCOMMODATION AND LACKS THE MEANS 
NECESSARY TO OBTAIN SUCH INTEREST; OR 

(2) THE PERSON HAS A POSSESSORY 
INTEREST IN A LIVING ACCOMMODATION BUT: 

(A) THE PERSON IS UNABLE TO SECURE 
ENTRY TO THAT ACCOMMODATION; OR 

(B) OCCUPATION OF THE 
ACCOMMODATION WOULD LIKELY LEAD TO VIOLENCE 
FROM ANOTHER OCCUPANT. 

§5 250. "ADEQUATE SHELTER" DEFINED. 

ADEQUATE SHELTER IS THAT WHICH TO A 
REASONABLE DEGREE MAINTAINS, PROTECTS, AND 
SUPPORTS HUMAN HEALTH, IS ACCESSIBLE, SAFE, 
AND SANITARY, AND HAS AN ATMOSPHERE OF 
REASONABLE DIGNITY. 



150 



Ord. No. 328 



S4 251. ANNUAL ASSESSMENTS. 

WITHIN 30 DAYS AFTER OCTOBER 1, 1994, AND AT 
LEAST ONCE EACH YEAR THEREAFTER, THE 
COMMISSIONER OF HQUSI>JG x\ND CQMMU^J^y 
DEV^ELOPMEhJT MAYOR'S OFFICE OF HOMELESS 
SERVICES SHALL PUBLISH AN ASSESSMENT OF THE 
NUMBER OF HOMELESS PERSONS IN THE CITY WHO 
DESIRE OVERNIGHT SHELTER AND AN ASSESSMENT 
OF CURRENT SHELTER AVAILABILITY AND ADEQUACY. 

gS 252. PLAN REQUIRED. 

WITHIN 30 DAYS AFTER THE PUBLICATION OF ANY 
ASSESSMENT REQUIRED BY SECTION S4 251, THE 
COMMISSIONER MAYOR'S OFFICE OF HOMELESS 
SERVICES SHALL PUBLISH A PLAN TO DECREASE THE 
NUMBER OF HOMELESS PERSONS DURING THE 
SUCCEEDING 12 MONTHS. THE HIGHEST PRIORITY 
SHALL BE TO ENSURE PROVIDE ADEQUATE SHELTER 
FOR PERSONS WHOSE MOST RECENT PLACE OF 
RESIDENCE WAS BALTIMORE CITY AND WHO ARE 
WILLING TO COMPLY WITH DULY ENACTED RULES 
AND REGULATIONS GOVERNING THE USE OF SHELTER 
FACILITIES. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved May 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 328 
(Council Bill No. 709) 
AN ORDINANCE concerning 

ZONING CODE - SIGNS 

151 



Ord. No. 328 



FOR the purpose of requiring all exterior signs located on 
a business premises to be consolidated and in on e 
location on th e pr e mic e s : and authorizing the zoning 
administrator to establish criteria for consolidated 
areas . 

BY adding 

Article 30 - Zoning 

Subtide - Sign Regulations 

Section 10.0-3a-7 and 10.0-3b-7 

Baltimore City G^de (1983 Replacement Volume, as 

amended) 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Section 13.0-2-74 

Baltimore City Code C1983 Replacement Volume, as 
amended) 

BY adding 

Article 32 - Building Code 

Section 114.4.1 9A 

Baltimore Qty Building Code (1990 Edition, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 10 - Sign Regulations 

10.0-3. Signs in Business and Industrial Districts. 

a. General Provisions. 

7. AT LEAST 50% OF THE WINDOW AREA OF 
EACH SIDE OF A BUILDING SHALL BE FREE OF 
SIGNAGE, WHEN SUCH WINDOW AREA IS ASSOCIATED 
WITH COMMERCLU USE. 



152 



Ord. No. 328 



b. The following types of signs, subject to the 
limitations prescribed for them, shall be permitted for 
uses authorized as principal or conditional uses in 
Business and Industrial Districts: 

7. SPECIAL STANDARDS FOR BUSINESS SIGNS 
ON STORE FRONTS. 

THE OWNER OR OPERATOR OF A 
BUSINESS PREMISES . OTHER THAN A GASOLINE 

SERVICE STATION. SHALL DESIGNATE TO THE ZONING ^ 

ADMINISTRATOR A SH^JGLE CONSOLIDATED AREA ^ 

AREACS) ON WHICH ALL SIGNS FOR THE PREMISES ^ 

SHALL BE LOCATED. THE CONSOLIDATED AREA J 

AREACS) SHALL NOT EXCEED THE SQUARE FOOTAGE i 

PERMITTED FOR ALL SIGNS, MINUS THE TOTAL AREA • 

USED BY ANY IDENTIFICATION OR NAME PLATE SIGN. ^. 

PERMIT APPLICATION SHALL BE MADE ON A ONE-TIME 
BASIS FOR EACH AREA. AND SHALL INCLUDE 
DESCRIPTIONS OR DRAWINGS OF THE CONSOLIDATED 
DISPLAY AREACS). OR SHALL COMPLY WITH SPECIFIC 
CRITERIA ESTABUSHED BY THE ZONING 
ADMINISTRATOR. FAILURE TO MAINTAIN THE 
CONSOLIDATED AREAS IN CONFORMITY WITH 
APPROVED DESCRIPTIONS AND/OR DRAWINGS SHALL 
CAUSE THE PERMIT TO TERMINATE. 

Chapter 13 - Rules and Definitions 

13.0-2 Definitions. 

74. Sign: any writing Cincluding letter, word, or 
numeral), pictorial representation Cincluding illustration 
or graphic), emblem Cincluding symbol or trademark), 
flag Cincluding banner or pennant), device, or any other 
figure of similar character which: Ca) is a structure or any 
part thereof, or is attached to, painted on. or in any other 
manner represented on a building, window CTHIS 
INCLUDES ANYTHING AFFDCED TO THE INTERIOR AND 
DISPLAYED IN THE SPACE WITHIN TWELVE INCHES OF 
THE WINDOW), or other structure: and Cb) is used to 
announce, direct attention, or advertise: and Cc) is visible 
from outside a building. A sign shall not, however. 



153 



I 



Ord. No. 329 



include any writing, representation, or any fisgiire of 
similar character within a building. 

SECTION 2. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Building Code (1990 Edition, as amended) 
be added, repealed, or amended, to read as follows: 

ARTICLE 32 - BUILDING CODE 

Section 114.0 Fees 

114.4.1 Permit fees for construction work: 

9A. PERMIT FEES FOR INSTALLATION OF ON- 
PREMISE PREMISES ADVERTISING SIGNS: 

THE FEE FOR ERECTION, PLACING, 
HANGING OR RECONSTRUCTION OF ANY 
CONSOLIDATED AREA OF SIGNAGE SIGN 
DESCRIBED IN SECTION 10.0-3 B. 43t OF 
ARTICLE 30 - ZONING SHALL BE $1 A SQUARE 
FOOT BUT NOT LESS THAN $13 FOR EACH 
CONSOLIDATED AREA OF SIGNAGE SIGN. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved May 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 329 
(Council Bill No. 711) 
AN ORDINANCE concerning 

ZONING CODE - SIGNS 

154 



Ord. No. 329 



FOR the purpose of providing for certain exceptions for 
business signs advertising alcoholic beverages and 
cigarette products: providing for a consolidated €^eea 
areas for store front business sisms : and authorizing 
the Zoning Administrator to establish criteria for 
consolidated areas . 

BY adding 

Article 30 - Zoning 

Subtide - Chapter 10 - Sign Regulations 

Section 10.0-3a-7. 10.0-3b-7, 10.0-3b-8 

Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 10 - Sign Regulations 

10.0-3 Signs in Business and Industrial Districts 

a. General provisions. 

7. AT LEAST 50% FOR THE WINDOW AREA OF 
EACH SIDE OF A BUILDING SHALL BE FREE OF 
SIGNAGE, WHEN SUCH WINDOW AREA IS ASSOCL\TED 
WITH COMMERCLU USE. 

b. The following types of signs, subject to the 
limitations prescribed for them, shall be permitted for 
uses authorized as principal or conditional uses in 
Business and Industrial Districts: 

7. SPECL^L STANDARDS FOR BUSINESS SIGNS 
ON STORE FRONTS. 



155 



Ord. No. 329 



THE OWNER OR OPERATOR OF A 
PREMISES BUSINESS PREMISES. OTHER 
THAN A GASOLINE SERVICE STATION. 
SHALL DESIGNATE TO THE ZONING 
ADMINISTRATOR A SINGLE 
CONSOLIDATED AREA AREAS ON WHICH 
ALL SIGNS FOR THE PREMISES SHALL BE 
LOCATED. THE CONSOLIDATED AREA 
AREAS SHALL NOT EXCEED THE SQUARE 
FOOTAGE PERMITTED FOR ALL SIGNS, 
MINUS THE TOTAL AREA USED BY ANY 
IDENTIFICATION OR NAME PLATE SIGN. 
PERMIT APPLICATION SHALL BE MADE 
ON A ONE-TIME BASIS FOR EACH AREA. 
AND SHALL INCLUDE DESCRIPTIONS OR 
DRAWINGS OF THE CONSOLIDATED 
DISPLAY AREACS). OR SHALL COMPLY 
WITH SPECIFIC CRITERIA ESTABUSHED 
BY THE ZONING ADMINISTRATOR. 
FAILURE TO MAINTAIN THE 
CONSOLIDATED AREAS IN CONFORMITY 
WITH APPROVED DESCRIPTIONS OR 
DRAWINGS SHALL CAUSE THE PERMIT 
TO TERMINATE . 

8. ANY SIGN ON THE SIDE OF A "LICENSED 
PREMISES", AS DEFINED IN ARTICLE 2B 
OF THE ANNOTATED CODE OF 
MARYLAND, INDICATING THE BRAND 
NAME AND PRICE OF AN ALCOHOUC 
BEVERAGE PRODUCT OR A CIGARETTE 
PRODUCT AVAILABLE FOR SALE WITHIN 
THE "LICENSED PREMISES" WHEN 
PERMITTED BY ANY PROVISION OF THIS 
CODE OR ANY OTHER LAW OR 
REGULATION NOW OR HEREAFTER IN 
FORCE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 



156 



Ord. No. 330 



Approved May 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 330 

(Council Bill No. 715) 

AN ORDINANCE concerning 

REZONING - 3403 and 3405 GARRISON BOULEVARD 

FOR the purpose of changing the zoning for the 
properties known as 3403 and 3405 Garrison 
Boulevard from the R-4 and R-6 Zoning Districts to 
the B-2-1 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 22 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 22 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the R-4 and R-6 Zoning Districts to the B-2-1 Zoning 
District the properties known as 3403 and 3405 Garrison 
Boulevard, as outlined in red on the plat accompanying 
this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 



157 



Ord. No. 331 



ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved May 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 331 

(CouncU Bill No. 806) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

DRIVE-IN RESTAURANT WITH 2 DRIVE-THROUGH 

WINDOWS - 4400 REISTERSTOWN ROAD 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of a drive- 
in restaurant with 2 drive-through windows on the 
property known as 4400 Reisterstown Road, as 
outlined in red on the plats accompanying this 
ordinance , subject to certain conditions . 

BY authority of 

Article 30 - Zoning 
Sections 6.3-ld-3 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 



158 



Ord. No. 331 



operation of a drive-in restaurant with 2 drive-through 
windov^s on the property knovyni as 4400 Reisterstown 
Road, as outlined in red on the plats accompanying this 
ordinance, imder the provisions of Sections 6.3-ld-3 and 
11.0-6d of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) tided ''Zoning''Ti 
subject to the foUovmig conditions: 

CI) the restaurant shall serve food only during 
the following time periods: from 10:00 am 

to 10:00 pm Sundays through Thursdays X 

and from 10:00 am until midnight on ^ 

Fridays and Saturdays; 5 

C2) security personnel shall be on site at all x 

times the restaurant is in operation, for the ^ 

purpose of discouraging loitering and to ^. 

promptly address other security issues; ^ 

however, security personnel shall be ^ 

provided during hours restaurant is not in 
operation, if loitering occurs during those 
hours; 

C3) the management of the restaurant shall 
make sure that the exterior premises of the 
site are monitored and cleaned frequently 
and are maintained in a clean and sanitary 
manner; 

C4) outdoor seating for up to thirty-six persons 
may be provided; however, no music shall 
be played or any loud sounds continuously 
emitted by the restaurant in the external 
areas of the premises; and 

(5) prior to commencement of construction, the 
final plans for the drive-in restaurant must 
be reviewed and approved by the Planning 
Department. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 



159 






Ord. No. 332 



in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the ■ 

City G^micil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved May 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 332 

(Council BUI No. 818) 

AN ORDINANCE concerning 

PAWNBROKERS 

FOR the purpose of defining a term; increasing the 
amount of the surety bond; requiring certain daily 
reports; providing for appointment and duties of an 
Administrative Review Board; providing the number 
of pawnshop licenses shall not exceed a certain 
number; increasing certain penalties; and providing 
generally for the regulation of pawnbrokers. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtide - Pawnbrokers 
Sections 76, 11, 78, 79, 80, 81, 86, 87 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 



160 



Ord. No. 332 



BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtitle - Penalties-Qvil and Criminal 
Section 88(a) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) be added, repealed, or amended, to read as ^ 

follows: ^ 

ARTICLE 15 - LICENSES 2 

Pawnbrokers /' 

76. Licenses. 4£ 



(A) THE 45 PAWNBROKER LICENSES ISSUED AS OF 
MAY 18, 1994 SHALL BE THE MAXIMUM NUMBER OF 
PAWNBROKER LICENSES THAT MAY BE ISSUED IN THE 
CITY OF BALTIMORE. 

CB) AFTER MAY 18, 1994, FThel THE Director of 
Finance of Baltimore is hereby authorized to fgrantl 
TRANSFER licenses raimually,] under the corporate seal, 
to such person, firm or corporation as shall produce to 
him satisfactory evidence of his, her, their or its good 
character, to exercise or carry on the house or business of 
pawnbrokers, which Ucenses shall designate the house in 
which such person, firm or corporation shall respectively 
be licensed to carry on the said trade or business; and 
each person, firm or corporation receiving the said license 
shall pay therefor the simi of $2,000.00 annually, and the 
license granted as aforesaid may be renewed on 
application to the Director of Finance each and every year 
on payment of the same sum. 

CO ALL TRANSFERS SHALL COMPLY WITH THE 
PROVISIONS OF ARTICLE 30 - "ZONING" OF THE 
BALTIMORE CITY CODE AND WITH ANY APPLICABLE 
URBAN RENEWAL ORDINANCE. 



161 



I 



Ord. No. 332 



11. Definitions. 

(A) PAWNBROKER: A [Any] person, corporation, 
member or members of a corporation or firm who loans 
money on deposits or pledge on personal property or 
other valuable thing, other than securities or printed 
evidences of indebtedness, or who deals in the purchasing 
of personal property or other valuable things on condition 
of selling the same back at a stipulated price [, is hereby 
declared and defined to be a pawnbroker] . 

(B) TRANSACTION: A LOAN OF MONEY BY A 
DEALER ON DEPOSIT OF PLEDGE OF PERSONAL 
PROPERTY OR OTHER VALUABLE THING OTHER THAN 
SECURITIES OR PRINTED EVIDENCES OF 
INDEBTEDNESS, OR A PURCHASE BY A DEALER OF 
PERSONAL PROPERTY OR OTHER VALUABLE THING ON 
WITH OR WITHOUT THE CONDITION OF SELLING THE 
SAME BACK AT A STIPULATED PRICE. 

78. Advertising. 

It shall be unlawful for any person, firm or 
corporation, who or which is not ciuxently licensed under 
the provisions of this subtitie, to publish, advertise, 
exhibit or display in any manner the word "pawnbroker" 
or to display or exhibit three gilt spheres or any other 
traditional emblem or insignia of a pawnbroker, on or 
adjacent to the building or buildings occupied by him or 
it. [A violation of the provisions of this section shall be 
deemed a misdemeanor, subject, upon conviction, to a 
fine of not more than five himdred dollars ($500.00) or 
to imprisonment for not longer than six months, or to 
both such fine and imprisonment, in the discretion or the 
Court.] 

79. LICENSE REQUIRED; LOCATION; HOURS [Hours] of 
operation. 

No person shall use, exercise or carry on the trade or 
business of pawnbroker in this city, v^thout having such 
license as aforesaid, nor in any other house than the one 
designated in said license, unless in case of removal[;]. 



162 



Ord. No. 332 



[the] THE Director of Finance shall endorse on said 
license the house to which the party shall have removed [, 
and no] . NO house wherein said trade or business is 
carried on shall be opened at an earlier hour than eight 
o'clock in the morning, nor shall it be kept open later 
than six-thirty o'clock in the evening, except between the 
15th day of December and the 31st day of December 
(inclusive), when it may be kept open until eleven o'clock 
p.m. [,except on Fridays, when it may be kept open until 
seven-thirty o'clock p.m., and also, except on Saturdays 
and any day immediately prior to a legal holiday, when it 
may be kept open until nine o'clock p.m.] 

NO BUSINESS SHALL BE CONDUCTED ON A 
SUNDAY BY A PAWNBROKER IN BALTIMORE CITY. 

80. Surety bonds. 

Every person, firm or corporation so licensed as 
aforesaid, shall, at the time of receiving such license, 
enter into an obligation to the Mayor and Qty Council of 
Baltimore vydth good and sufficient sureties to be 
approved by the Comptroller of the Qty of Baltimore in 
the penal simi of [ten thousand dollars ($10,000)] 
$50,000, conditioned [for] ON the faithful observance of 
this subtide, and such other ordinances as may be passed 
on this subject; and any pawnbroker who shall violate this 
section by failure to file such bond, or to obtain the 
license as aforesaid, though continuing to transact the 
business of a pawnbroker, shall be deemed guilty of a 
misdemeanor [, and shall, on conviction thereof, be fined 
the sum of five hundred dollars ($500.00), or be 
imprisoned in the Qty Jail for the term of six months, or 
both, in the discretion of the Court] AND SHALL BE 
SUBJECT TO THE PENALTIES IMPOSED IN SECTION 87 
OF THIS ARTICLE. 

81. Daily reports. 

(a) Required. Each and every pawnbroker, licensed 
as aforesaid, shall cause to be written in a legible and 
accurate manner on forms supplied by the Police 
Commissioner of Baltimore City, [and] a list of articles 



163 



Ord. No. 332 



taken on pledge and to forward the same daily to the 
[Chief Inspector of Police] BALTIMORE CITY POUCE 
DEPARTMENT PAWNSHOP UNIT. The above reports 
made to the [Chief Inspector of] Police DEPARTMENT 
shall be open to the inspection of such persons as, in the 
discretion of the said [Chief Inspector of] Police 
DEPARTMENT, may be regarded as having an interest in 
the same. 

(b) [Instructions. In preparing the said list, the 
following instructions shall be strictly adhered to: 

(1) All articles, such as guns, pistols, typewriters, 
microscopes, bicycles, etc., shall be reported by the 
maker's name and number, together v^th any initials, 
inscriptions, or any peculiar distinguishing marks or 
characteristics. 

(2) Diamonds and other precious stones shall be 
described by giving the approximate weight of the stone, 
style of mounting, whether lady's or gendeman's ring, the 
number of stones, and any initials, inscriptions, scratch 
numbers or peculiar distinguishing marks or 
characteristics. 

(3) Watches shall be designated by the kind of 
metal, maker's name, movement number, case number, 
kind of movement, whether lady's or gentieman's, and 
any uiitials, inscriptions, scratch nvmibers, or peculiar 
distinguishing marks or characteristics. 

(4) All jewelry shall be described as to kind, 
character, and whether lady's or gentieman's, nvunber of 
stones, name of each stone, and any initials, inscriptions, 
or peculiar distinguishing marks or characteristics. In 
case of rings, the design or setting, whether lady's, 
gentieman's or child's. 

(5) Chains shall be designated by kind, character 
of metal or other material, design of link, and whether 
lady's, gentieman's or child's, and in all cases any 
inscriptions, initial, or peculiar distinguishing marks or 
characteristics. 



164 



I 



Ord. No. 332 



(6) Silverware shall be kind and character, 
maker's name, and any initials, inscriptions, or peculiar 
distinguishing marks or characteristics. 

(7) Furs shall be designated by kind, character, 
whether lady's, gentleman's or child's, color, maker's, 
owner's, or alterer's name, if any attached, or any initials, 
inscriptions, or peculiar distinguishing marks or 
characteristics. 

(8) Field, marine and opera glasses, binoculars, 
etc., shall be designated by full description, maker's or 
owner's name, and all initials, inscriptions or peculiar 
distinguishing marks or characteristics. 

(9) Instruments, such as surgical, architectural, 
mathematical, surveying, etc., shall be designated by the 
kind, character, design, name of maker, and any initials, 
inscriptions or peculiar distinguishing marks or 
characteristics, whether upon the case or the instruments. 

(10) Tools shall be designated by the trade in 
which the same may be used, whether carpenter's, 
machinist's or otherwise; also all numbers, name of maker 
or number, and any initials, inscriptions or peculiar 
distinguishing marks or characteristics, whether upon the 
tools or upon the box or case. 

(11) Qothing shall be designated by kind, 
character, whether lady's, gentleman's or child's, color, 
size, material, maker's, owner's or alterer's name, if 
attached, and any initials, inscriptions or peculiar 
distinguishing marks or characteristics. 

Any person violating any of the provisions of this 
section shall be subject to a fine of from one to ten 
dollars for the first offense, and for the second or 
subsequent offense, a fine of ten to fifty dollars, to be 
collected as other fines and penalties are collected.] 



165 



Ord. No. 332 



INFORMATION REQUIRED FOR DAILY REPORTS. 

(1) THE DATE, PLACE, AND TIME OF EACH 
TRANSACTION; 

(2) THE NAME AND ADDRESS OF PRINCIPAL, 
IF THE TRANSACTION IS BY AN AGENT; 

(3) A DESCRIPTION OF THE TRANSACTED 
ITEM, INCLUDING: 

(D THE TYPE OF ITEM, 

(ID ITS MANUFACTURER, MODEL 
NUMBER, YEAR OF MANUFACTURE IF KNOWN, 
AND/OR SOUNDEX NUMBER OR UNIQUE IDENTIFYING 
NUMBER FOUND ON SAID PROPERTY, 

(IID ITS COLOR AND SIZE, 

(IV) FOR JEWELRY, A DESCRIPTION BY 
WEIGHT IF PAYMENT IS BASED ON WEIGHT, STYLE, 
GENDER, NUMBER OF STONES, CONFIGURATION OF 
STONES, ANY INHTALS OR DISTINGUISHING MARKS 
OR INSCRIPTIONS, 

(V) A STATEMENT OF WHETHER IT 
APPEARS TO HAVE BEEN ALTERED BY ANY MEANS, 
INCLUDING: 

(1) OBSCURING A SERIAL NUMBER 
OR IDENTIFYING FEATURE, 

(2) MELTING, OR 

(3) RECUTTING A GEM, AND 

(VD THE AMOUNT PAID OR OTHER 
CONSIDERATION; 

(4) FOR EACH INDIVIDUAL FROM WHOM A 
PAWNBROKER ACQUIRES A TRANSACTED ITEM: 



166 



Ord. No. 332 



(D THE INDIVIDUAL'S NAME, DATE OF 
BIRTH, AND LICENSE NUMBER FROM A CLEARLY 
IDENTIFL\BLE DRIVER'S LICENSE, OR 

(ID IDENTIFICATION INFORMATION 
ABOUT THE INDIVIDUAL THAT: 

(A) POSITIVELY IDENTIFIES THE 
INDIVIDUAL FROM AT LEAST 2 FORMS OF 
IDENTIFICATION, WHICH MAY INCLUDE AN AGE OF 
MAJORITY CARD, MILITARY IDENTIFICATION, 
PASSPORT, OR OTHER SIMILAR PHOTOGRAPHIC 
IDENTIFICATION, AND 

(B) PROVIDES A PHYSICAL 
DESCRIPTION OF THE INDIVIDUAL INCLUDING SEX, 
RACE, DATE OF BIRTH, ANY DISTINGUISHING 
FEATURES, AND WEIGHT OF INDIVIDUAL; 

(5) A STATEMENT INDICATING WHETHER OR 
NOT THE PERSON MAKING THE TRANSACTION IS 
KNOWN TO THE DEALER, i.e HAS DONE BUSINESS 
WITH THE PAWNSHOP ON A PREVIOUS OCCASION; 
and 

(6) THE SIGNATURE OF THE PERSON FROM 
WHOM THE ITEM IS ACQUIRED AND THE SIGNATURE 
OF THE PAWNBROKER OR DEALER WHO ACCEPTED 
THE ITEM. 

(Q RECORDS OF PAWNBROKERS. 

(1) EACH PAWNBROKER SHALL HOLD ALL 
REPORTED TRi^JSACTION YYEMS ON THE PREMISES 
FOR AT LEAST 18 DAYS. ALL REPORTED 
TPu^hJSACTION SHEETS SHALL BE KEPT ON THE 
PPlEMISES FOR 3 YEARS FROM THE DATE OF 
TR.^>JSx\CnQN ALL REPORTED TRANSACTION SHEETS 
SHALL BE KEPT ON THE PREMISES FOR 3 YEARS FROM 
THE DATE OF THE TRANSACTION. SUBJECT TO 
POUCE DEPARTMENT PROCEDURES PERMITTING OR 
AUTHORIZING SHORTER HOLDING PERIODS. EACH 
PAWNBROKER SHALL HOLD REPORTED TRANSACTION 



167 



Ord. No. 332 



PRECIOUS METAL ITEMS ON THE PREMISES FOR AT 
LEAST 18 DAYS AND ALL OTHER REPORTED 
TRANSACTION ITEMS ON THE PREMISES FOR AT 
LEAST 10 DAYS. 

(2) ALL ITEMS IN A PAWNSHOP SHALL BE 
CLEARLY MARKED OR LABELED TO CORRELATE WITH 
THE TRANSACTION SHEET OR RECEIPT OF PURCHASE, 
OR WITH THE INVOICE IF THE ITEM IS IN FOR REPAIR. 

(D) COPIES SENT TO POUCE COMMISSIONER. 

(1) A PAWNBROKER SHALL SUBMIT A COPY 
OF EACH TRANSACTION TO THE PAWNSHOP UNIT OF 
THE BALTIMORE CITY POUCE DEPARTMENT BY: 

(D DELIVERING THE COPY BY 10 A.M. ON 
THE NEXT BUSINESS DAY AFTER THE TRANSACTION IS 
MADE ,0R 

(ID MAILING THE COPY AT THE END OF 
THE BUSINESS DAY WHEN THE TRANSACTION IS 
MADE. 

(E) INSPECTION OF RECORDS AND TRANSACTION 
ITEMS. 

(1) A PAWNBROKER SHALL ALLOW AN 
AUTHORIZED LAW ENFORCEMENT OFFICER ON 
REQUEST TO ENTER THE PLACE OF BUSINESS OR 
STORAGE PREMISES OF THE DEALER DURING 
BUSINESS HOURS TO INSPECT A RECORD OF 
TRANSACTIONS AND/OR ITEMS AS PART OF AN 
INVESTIGATION OF STOLEN PROPERTY . 

(2) ON REQUEST OF THE PAWNBROKER, THE 
OFFICER SHALL MAKE THE INSPECTION IN THE 
PRESENCE OF A DEALER. 

(3) IF THE PAWNBROKER REFUSES TO ALLOW 
ACCESS OR PRODUCE TFIE RECORD OR ITEM FOR 
INSPECTION, THE OFFICER SHALL SEEK A SEARCH 
WARRANT. 



ii 

I 



168 



Ord. No. 332 



(F) RELEASE OF STOLEN PROPERTY. 

(1) A PAWNBROKER SHALL RELEASE TO THE 
PRIMARY LAW ENFORCEMENT AGENCY ANY ITEM OF 
PROPERTY, OTHER THAN A SECURITY OR PRINTED 
EVIDENCE OF E^DEBTEDNESS, LOCATED AT THE PLACE 
OF BUSINESS OF THE PAWNBROKER IF: 

(D THE ITEM IS ESTABUSHED TO BE 
STOLEN; 

(ID THE OWNER OF THE ITEM OR THE 
VICTIM OF THE THEFT HAS: 

(A) POSITIVELY IDENTIFIED THE 
ITEM, OR 

(B) PROVIDED AN AFFIDAVIT OF 
OWNERSHIP AND MADE A REPORT OF THE THEFT TO 
A LAW ENFORCEMENT AGENCY; OR AND 

(III) THE STOLEN PROPERTY REPORT 
DESCRIBES THE ITEM BY: 

(A) DATE, 

(B) INHTALS, 

(Q AN INSURANCE RECORD, 

(D) A PHOTOGRAPH, 

(E) A SALES RECEIPT, 

(F) A SERL\L NUMBER, 

(G) SPECIFIC DAMAGE, 

(H) A STATEMENT OF FACTS THAT 
SHOW THE ITEM IS ONE OF A KIND, OR 

(D A UNIQUE ENGRAVING. 

(2) ANY TRANSACTION ITEM PLACED ON 
POUCE HOLD SHALL BE HELD UNTIL THE POUCE 
SEIZE THE TRANSACTED ITEM OR UNTIL THE 
PAWNSHOP UNIT RELEASES THE POUCE HOLD OR 
DIRECTS THE PROPERTY TO BE RELEASED TO THE 
OWNER. 



169 



Ord. No. 332 



(3) WHEN THE PRIMARY LAW ENFORCEMENT 
AGENCY NO LONGER NEEDS A TRANSACTED ITEM FOR 
EVIDENCE IT MAY BE RELEASED TO THE OWNER 
AFTER ADJUDICATION. 

(4) A PAWNBROKER WHO IS REQUIRED TO 
RELEASE AN ITEM UNDER THIS SECTION IS NOT 
ENTITLED TO REIMBURSEMENT FOR ANY PLEDGE OR 
PURCHASE PRICE FROM: 



AGENCY, 



I. THE PRIMARY LAW ENFORCEMENT 

II. THE OWNER OF THE ITEM, OR 

III. THE VICTIM OF THE THEFT. 



(G) TRANSACTIONS WITH MINORS PROHIBITED. A 
PAWNBROKER MAY NOT ACQUIRE ANY MERCHANDISE 
IN A PAWN TRANSACTION WITH A MINOR. 

86. Restrictions on licenses; revocation AND 
SUSPENSION. 

(A) No license as a pawnbroker shall be granted to 
any person who has an ordinary license, or license for the 
retailing of spirituous liquors [; and any license to any 
pawnbroker, granted as aforesaid, may be revoked or 
annulled by the Mayor, if there should appear to him 
sufficient cause for so doing] . 

(B) THE LICENSE OF ANY PAWNBROKER WHO HAS 
VIOLATED 2 OR MORE PROVISIONS OF THIS SUBTITLE 
WITHIN A 12 MONTH PERIOD MAY BE SUSPENDED OR 
REVOKED BY THE Ma^YQR DIRECTOR OF FINANCE IF 
THERE APPEARS TO HIM SUFFICIENT CAUSE FOR SO 
DOING. THE MAYOR SHALL APPOINT A REVIEW 
BOARD OF 3 MEMBERS TO RECOMMEND AN 
APPROPRL\TE COURSE OF ACTION. THE MEMBERS OF 
THE REVIEW BOARD SHALL BE APPOINTED AND 
CONFIRMED IN ACCORDANCE WITH THE PROVISIONS 
OF ARTICLE IV, SECTION 6 OF THE BALTIMORE CITY 
CHARTER. ONE MEMBER OF THE REVIEW BOARD 



170 



Ord. No. 332 



SHALL BE CHOSEN FROM THE BALTIMORE CITY 
POUCE DEPARTMENT, ANOTHER FROM THE STATE'S 
ATTORNETS OFFICE. AND THE THIRD SHALL BE FROM 
AMONG THE OFFICERS OF THE PAWNBROKER'S 
ASSOCL\TION OF BALTIMORE CITY. 

87. Penalty provisions. 

[Any person, firm or corporation offending against 
any or either of the aforegoing provisions of this subtitle, 
for a violation of which no penalties are therein expressly 
prescribed shall forfeit a sum not exceeding fifty dollars 
for each and every offense; and any person, firm or 
corporation who shall receive any pledge on which he, 
they or it shall advance money and take a receipt for a 
larger sum than he, they or it actually advance, shall 
forfeit a sum of not less than two himdred nor more than 
three himdred dollars for each and every offense.] 

ANY PERSON, FIRM, CORPORATION, OR OTHER 
LEGAL ENTITY VIOLATING ANY PROVISION OF THIS 
ORDINANCE SHALL BE GUILTY OF A MISDEMEANOR 
AND UPON CONVICTION SHALL BE SUBJECT TO A FINE 
OF NOT LESS THAN $500 AND NOT MORE THAN $1000 
OR TO IMPRISONMENT FOR NOT LONGER THAN SDC 
MONTHS, OR TO BOTH FINE AND IMPRISONMENT, IN 
THE DISCRETION OF THE COURT. 

PENALTIES-CIVIL AND CRIMINAL 

88. Qvil and criminal penalties. 

(a) UNLESS OTHERWISE PROVIDED, [Any] ANY 
person, firm, corporation or other legal entity violating 
any provision of this Article shall be guilty of a 
misdemeanor and upon conviction thereof, by a court of 
competent jurisdiction, shall be subject to a fine of not 
less than $50 nor more than $250 for each and every 
offense. Each day that a violation continues shall 
constitute a separate offense. 



171 



Ord. No. 333 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day aft e r th e date 
of its enactment. 

Approved May 25, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 333 

(Council Bill No. 732) 

AN ORDINANCE concerning 

REZONING - 2016 2036 A PORTION OF 2020 HARFORD 
ROAD AND 2021 AND 2023 SHERWOOD AVENUE 

FOR the purpose of changing the zoning for the- 

properties a tx)rtion of the property known as 2016 
2054 2020 Harford Road and 2021 and 2023 
Sherwood Avenue from the M-1-2 Zoning District to 
the B-2-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 36 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 36 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) tide 
"Zoning" be and it is hereby amended by changing from 
the M-1-2 Zoning District to the B-2-2 Zoning District the 
prop e rti e s a portion of the property known as 2021 2036 
2020 Harford Road and 2016 and 2023 Sherwood 
Avenue, as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 



172 



Ord. No. 334 



of the authenticity of the plat whidi is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 2, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 334 

(Council BUI No. 779) 

AN ORDINANCE concerning 

URBAN RENEWAL - EAST BALTIMORE MIDWAY - 
AMENDMENT NO. 3 

FOR the purpose of amending the Urban Renewal Plan 
for East Baltimore Midway to, among other things, 
revise provisions on Zoning and make technical 
corrections to the Land Use Plan and the Zoning 
Districts Maps; waive such requirements, if any, as to 
the content or procedure for the preparation, 
adoption, and approval of renewal plans as set forth 
in Article 13 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) which the 
amended Plan may not meet; provide for the 
severability of the various parts and applications of 



173 



Ord. No. 334 



this ordinance; provide that where the provisions of 
this ordinance shall conflict with any other ordinance, 
code or regulation in force in the Qty of Baltimore, 
the provision which establishes the lugher standard 
shall prevail; and provide for an effective date hereof. 

WHEREAS, The Urban Renewal Plan for East 
Baltimore Midway was originally approved by the Mayor 
and Qty Comicil of Baltimore by Ordinance No. 1076, 
approved June 20, 1979, and last amended by Ordinance 
No. 1143, approved December 4, 1987; and 

WHEREAS, It is necessary to amend the Urban 
Renewal Plan for East Baltimore Midway in order to 
revise provisions on Zoning and make technical _ 

corrections to the Land Use Plan and the Zoning Districts m 
Maps; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
City Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan; and 

WHEREAS, In accordance with the provisions of 
Section 25(h) of said Article 13, when a Councilmember 
initiates an amendment to an existing renewal plan, such 
bill shall be sent to the Department of Housing and 
Community Development and to the Planning 
Conmiission for recommendation and report; now, 
therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan for East Baltimore Midway, identified as 
"Urban Renewal Plan, East Baltimore Midway, revised to 
include Amendment No. 3, dated February 24, 1994", 
having been duly reviewed and considered, is hereby 
approved and the Qerk of the Qty Council is hereby 
directed to file a copy of said amended Urban Renewal 
Plan with the Department of Legislative Reference as a 



174 



Ord. No. 334 



permanent public record and to make the same available 
for public inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
following changes in the plan are hereby approved: 

That pursuant to the adoption of Ordinance No. 

, approved , 1994 (Qty 

Council Bill No. 732) approving the rezoning of 

2016-2036 Harford Road and 2021 and 2023 

Sherwood Avenue, Exhibit No. 1-Land Use Plan ^ 

and Exhibit No. 4-Zoning Districts shall be ^ 

revised. f 

SEC. 3. AND BE IT FURTHER ORDAINED. That the ^y 



operator of the retail establishment will use the property ^ 

in accordance with the following conditions: > 



1. The operator will initiallv and 

continually interview, hire, and 
promote as many qualified 
Midway/Barclay residents as possible 
for employment and will advertise and 
recruit for employees in cooperation 
with the designated project area 
committee Cpac"): 

2. The general contractor for the operator 

will recruit local residents and local 
subcontractors to work on the 
construction of this harford road 
facility and will work in cooperation 
with the pac to identify candidates for 
this work: 

3. The operator will take appropriate 

measiu'es to insure the safety of the 
area immediately surroimding the 
retail establishment; 

4. The operator will provide the manager^s 

name and numberCs) for neighborhood 
residents to contact in case of 
emergency on a 24-hour per day basis; 
and 



175 



I 



Ord. No. 334 



5. The operator will resgularly empty its 
dumpsters, keep its premises clean, 
and be responsible for daily removal of 
all trash that is identifiable as 
originating from the establishment and 
found within a one block radius of the 
establishment. 

SEC. 34. AND BE IT FURTHER ORDAINED, That m 
whatever respect, if any, the said amended Urban 
Renewal Plan approved hereby for East Baltimore Midway 
may not meet the requirements as to the content of a 
renewal plan or the procedures for the preparation, 
adoption, and approval of renewal plans, as provided in 
Article 13 of the Baltimore Qty Code (1983 Replacement 
Volume, as amended), the said requirements are hereby 
waived and the amended Urban Renewal Plan approved 
hereby is exempted therefrom. 

SEC. 45. AND BE IT FURTHER ORDAINED, That in 
the event it be judicially determined that any word, 
phrase, clause, sentence, paragraph, section or part in or 
of this ordinance or the application thereof to any person 
or circimistances is invalid, the remaining provisions and 
the application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and Qty Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. §6. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable confUct, the provision 
which establishes the higher standard for the promotion 
and protection of the public health and safety shall 
prevail. In any case where a provision of this ordinance is 
found to be in conflict with an existing provision of any 



176 






Ord. No. 335 

other ordinance or code or regulation in force in the Qty 
of Baltimore which establishes a lower standard for the 
promotion and protection of the public health and safety, 
the provision of this ordinance shall prevail, and the other 
existing provision of such other ordinance or code or 
regulation is hereby repealed to the extent that it may be 
found in conflict with this ordinance. 

SEC. 47. AND BE IT FURTHER ORDAINED, That tiiis 
ordinance shall take effect on the date of its enactment. 

Approved June 2, 1994 ^ 

KURT L. SCHMOKE, Mayor ^ 



CITY OF BALTIMORE / 

ORDINANCE NO. 335 

(Council Bill No. 461) 

AN ORDINANCE concerning 

ZONING - AMENDING ORDINANCE NO. 16 (1992) 

FOR the purpose of changing the name of the entity 
authorized to maintain and operate housing for the 
elderly at 18-22 West 27th Street. 

BY authority 

Article 30 - Zoning 
Section 4.8-ld-5 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section 1 of 
Ordinance 16, approved March 17, 1992, be and it hereby 
amended to read as follows: 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission to [die 
Baltimore Corporation for Housing Parmerships] BHP/SS. 



177 






Ord. No. 336 



PHILIP AND JAMES LIMITED PARTNERSHIP is hereby 
granted for the establishment, maintenance and operation 
of housing for the elderly, with a maximum of 24 
dwelling units, on the property known as 18-22 West 
27th Street, as outlined in red on the plats accompanying 
this ordinance, under the provisions of Sections 4.8-ld-5 
and 11.0-6d of Article 30 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended) tided "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 3, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 336 

(Council Bill No. 465) 

AN ORDINANCE concerning 

METROPOLITAN DISTRICT EXTENSION NO. 118 

For the purpose of consenting to and approving a Petition 
for the extension of the Metropolitan District of 
Baltimore County to a tract of land consisting of 3.02 
acres in the Second Election District of Baltimore 
County located in the vicinity of Burmont Avenue, 
District 2C2 (Halp Property) and in accordance with 
the provisions of Chapter 539 of the Acts of the 
General Assembly of Maryland of 1924, as amended 
by Chapter 515 of the Acts of 1955. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Petition for the 
extension of the Metropolitan District of Baltimore County 
to a tract of land in the Second Election District of 
Baltimore County located in the vicinity of Burmont 
Avenue, District 2C2 (Halp Property), more particularly 
shown on a plat filed in the Department of Public Works 



178 



Ord. No. 337 



of Baltimore County numbered Extension 118, is in 
accordance with the authority granted by Chapter 539 of 
the Acts of the General Assembly of Maryland of 1924, as 
amended by Chapter 515 of the Acts of 1955 hereby 
consented to and approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved June 3, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 337 

(Council Bill No. 746) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 35 N. LAKEWOOD AVENUE 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of housing 
for the elderly on the property known as 35 N. 
Lakewood Avenue, as outlined in red on the plats 
accompanying this ordinance and limiting the number 
of units permitted . 

BY authority of 

Article 30 - Zoning 
Sections 4.8-ld-5 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of housing for the elderly on the property 
known as 35 N. Lakewood Avenue , with a maximum of 
twenty units, as outlined in red on the plats 



179 



Old. No. 338 



accompanying this ordinance, under the provisions of 
Sections 4.8-ld-5 and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) titled "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 3, 1994 

KURT L. SCHMOKE, Mayor 



< 



CITY OF BALTIMORE 

ORDINANCE NO. 338 

(Council Bill No. 580) 

AN ORDINANCE concerning 

NAMING BASKETBALL COURTS 

FOR the purpose of naming the basketball courts at the 
Lexington-Poe House complex the Walter J. Ennals 
Courts. 



180 



Ord. No. 339 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the name of the 2 
outdoor basketball courts at 734 Lexington Street in the 
Lexington-Poe Home complex shall hereafter be known as 
the Walter Ennals Courts. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 13, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 339 

(Council Bill No. 615) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY - 
THURGOOD MARSHALL MIDDLE SCHOOL CAMPUS 

FOR the purpose of renaming the Herring Run Middle 
School to be the Thurgood Marshall Middle School 
Campus . 

BY authority of 

Article 1 - Mayor, Qty Council, and Municipal 

Agencies 
Subtide - Naming Qty Property 
Section 229 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Herring Run 
Middle School be and it is hereby renamed the Thurgood 
Marshall Middle School Campus . 



181 



Ord. No. 340 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 13, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 340 

(Council BUI No. 748) 

AN ORDINANCE concerning 

NAMING CITY PROPERTY - 
JOSEPH D. CMAGLIA MEMORIAL PLAYGROU^JD PARK 

FOR the purpose of naming the park at Pamell and Ralls 
Avenues in St. Helena ^ Dundallt, the Joseph D. 
Qmaglia Memorial Playground Park . 

BY authority of 

Article 1 - Mayor, Qty Council and Municipal 

Agencies 
Subtitle - Naming City Property 
Section 229 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the park located at 
Pamell and Ralls Avenues in St. Helena , Dundallt be and 
it is hereby named the Joseph D. Qmaglia Memorial 
Playground Park . 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 13, 1994 

KURT L. SCHMOKE, Mayor 



182 



Ord. No. 341 

SECOND PRINTING 
CITY OF BALTIMORE 
ORDINANCE NO. 341 

(Council Bill No. 622) 

AN ORDINANCE concerning 

MINIBIKES, DIRT BIKES, AND RELATED VEHICLES 

FOR the purpose of prohibiting th e operation of minibik e s 
and unrogictor e d motorcyclGC in certain ar e as; 
requiring certain unregistered vehicles to be 
registered; providing for forfeiture under certain 
conditions; e stablishing th e Restricted Driving Area 
Board providing for its membership and powers; and 
generally relating to the regulation of minibikes, 
unregistered motorcycles, and related vehicles. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Unregistered Motorcycles 
Section - 85 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY adding 

Article 19 - Police Ordinances 
Subtitle - Unregistered Motorcycles 
Section - 85A - 85E 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 



183 



Ord. No. 341 



ARTICLE 19 - POUCE ORDINANCES 

Unregistered Vehicles, MINIBIKES, AND 
OFF THE ROAD MOTORCYCLES 



85. Regulations. \ 

[a.] (A) Unregistered motorcycles and related vehicles M 
regulated. ■ 

(1) It is unlawful for any person to ride or drive, 
or for an owner knowingly to permit to be ridden or 
driven, on private property or on public property in 
Baltimore Qty any unregistered motorcycle or related 
vehicle of a type required to be registered imder the 
[vehicle laws of the State of Maryland (Article 66 1/2, 
Maryland Code Annotated)] TRANSPORTATION ARTICLE 
OF THE ANNOTATED CODE OF MARYLAND for travel on 
highways. 

(2) The term "motorcycle or related vehicle" 
means a motor vehicle having a saddle OR SEAT for the 
use of the rider and designed to travel on not more than 
three wheels in contact with ground, and includes motor 
scooters, minibikes and bicycles with motor attached, but 
excludes tractors, snowblowers, lawn mowers, or golf 
carts while being used for their designed purpose. 

[b.] 85A. Minibikes and off-the-road motorcycles. 

[(1) Definitions.] (A) AS USED IN THIS SUBTITLE 
THE FOLLOWING WORDS HAVE THE MEANING 
INDICATED UNLESS THE CONTEXT CLEARLY 
INDICATES OTHERWISE. 

(1) "ADULT" IS ANY PERSON 18 YEARS OF AGE 
OR OLDER. 

(2) "BOAPJ)" MEx^JS THE RESTRICTED 
DRI\a>JG ARR^ BOx^RD ESTABLISHED mJDER THE 
PROVISIONS OF THIS SUBTITLE. 



184 



Ord. No. 341 



(3) "DEPx\RT? > lEJ>rr MEANS THE DEPARTMENT 
OF PUBLIC WORKS > 

(2) "DEPARTMENT" MEANS THE MUNICIPAL 
AGENCY ASSIGNED BY THE MAYOR RESPONSIBILITY 
FOR ADMINISTRATION OF THIS SUBSECTION. 

(^) "DIRECTOR" MEx^^JS DIRECTOR OF THE 
DEPARTMENT OF PUBLIC WORKS. 

45>i31 "MAY NOr SHALL BE CONSTRUED TO x 

MEAN THE MANDATORY NEGATIVE. ^ 

[(a)] 4^(4) "Minibike" means a motor vehicle ^ 

(i) has a saddle for the use of the ^ 



that: 



rider; 

(ii) is designed to travel on not 
more than 3 wheels in contact with the ground; 

(iii) is not subject to registration 
under Title 13 of the Transportation Article of the 
Annotated Code of Maryland; 

(iv) does not include a farm tractor^^ 
AND 

rV) HAVING A TEN INCH r254MM^ 
OR LESS NOMINAL WHEEL RIM DL^METER. OR FORTY 
INCHES OR LESS WHEEL BASE. OR TWENTY-FIVE 
INCHES OR LESS SEAT HEIGHT MEASURED AT THE 
LOWEST POINT ON THE TOP OF THE SEAT CUSHION 
WITHOUT RIDER, OR A PROPELLING ENGINE HAVING A 
PISTON DISPLACEMENT OF 50 C.C. OR LESS. 

[(b)] ffl-C5) "Off-the-road motorcycle" means a 
motorcycle not otherwise registered under the 
Transportation Article of the Annotated Code of 
Maryland. It includes motorcycles not eligible for 
registration and motorcycles commonly referred to as "dirt 
bikes" and all-terrain vehicles or atv's of both the 3 and 4 
wheel variety. 



185 






Ord. No. 341 



[(c)] WI6i "Private property" means property 
that is not used by the public as a matter of right. 

(9) "RESTRICTED DRI\T>JG AREA" MEANS ANY 
AREA DESIGNATED BY THE BOARD AS AN AREA 
WHERE DRI\TOG MI>JIBIKES, OFF THE ROAD 
MOTORCYCLES, U^JREGISTERED MOTORCYCLES -OR 
OTHER VEHICLES IS PROHIBITED. 

[(2)] (B) A person may not drive a minibike or off- 
the-road motorcycle on private property in Baltimore Qty 
without possessing the express written permission of a 
person with an interest in the property. 

[(3)] (Q A person may not drive a minibike or off- 
the-road motorcycle on private property in this city within 
500 feet of any dwelling without possessing the express 
written permission of an adult resident of each and every 
dweUing within that distance. 

[(4)] (D) A person may not drive a minibike or off- 
the-road motorcycle on private property in this city 
between the hours of 8:00 p.m. and 7:00 a.m. 

(E) DvJ ORDER TO PROTECT THE PUBLIC Sx^FETY, 
HEx^TH, A>JD GE^;ERi^L WELFARE, A PERSON MAY 
NOT DPJV^ A MH^JIBIKE, OFF THE ROAD MOTORCYCLE, 
U^JREGISTERED MOTORCYCLE, OR RELATED \^EH ^a£ 
IN ANY: 

(1) UKBAN RFJ>fEWAL AREA; 

(2) HISTORIC DISTRICT; OR 

/ 

(3) AREA DESIGNATED BY THE BOx^RD AS A 
RESTRICTED DPJ\TOG x^REx^. 

85B. BOARD. 

(x^) THERE IS A PJ;STRICTED DRI\TOG AREA BOARD 
WHICH Mx 'i tY DESIGNx^TE PJ:STPJCTED DPJ\TNG AREAS 
WHERE MI>JIBIKES, OFF THE ROx^ MOTORCYCLES, 



186 



Ord. No. 341 



U>fREGISTERED MOTORCYCLES OR RELATED VEHICLES 
MAY NOT BE OPERATED. 

(B) THE BOARD SHALL CONSIST OF THE DIRECTOR 
OF THE DEPARTMENT OF PUBLIC WORKS) THE POUCE 
COMMISSIONER, AND THE COMMISSIONER OF THE 
DEPARTMENT OF HOUSING AND COMMU^J^Y 
DEVELOPME>JT> ALL OF WHOM SHALL SERVE EX 
OFFICIO. THE DIRECTOR OF THE DEPARTMEhJT OF 
PUBLIC WORKS SHALL SERVE AS CHAIR OF THE 
BOARD. 

(C) RESTRICTED DRIVING AREAS SHALL BE 
DESIGNATED AS FOLLOWS: 

(1) UPON RECEIVP>JG THE WRITTEN 
APPLICATION OF ANY PERSON OR COMMUNITY 
ASSOCL^TION, WHICH APPLICATION SHx^LL CO^^^AIN 
A DESCRIPTION, MAP, AND REASONS FOR 
DESIGNx\TING THE DESCRIBED AREA A RESTRIC TS 
DRIVD^JG AREA, THE BOARD SHALL REQUEST THE 
FOLLOWING DvJVESTIGATIONS: 

(D THE BUREAU OF TRANSPORTATION 
OF THE DEPARTNm^JT OF PUBLIC WORKS SHALL 
CQ^JDUCT AN D^JVESTIGATION AND REPORT TO THE 
BOARD ON THE IMPACT WHICH THE OPERATION OF 
MDvJIBIKES, OFF THE ROAD MOTORCYCLES, 
UNREGISTERED MOTORCYCLES OR RELATED VEHI O^^ 
HAS ON VEHICULAR AND PEDESTRIAN TRAFFIC IN THE 
AREA. 

(ID THE POUCE DEPARTME>JT SH.ALL 
CO>JDUCT A^] I>J\^STIGATION AND REPORT TO THE 
BOARD ON THE IMPACT WHICH THE OPERATION OF 
MD>JIBIKES, OFF THE ROAD MOTORCYCLES, 
UNPtEGISTERED MOTORCYCLES OR RELATED X^EHI OES 
HAS ON THE ABILITY OF THE POUCE DEPARTMENT TO 
PRO\aDE SECURITY AND PROTECTION IN THE AREA. 

(IID THE CON^ISSIONER OF THE 
DEPARTME>JT OF HOUSING AND COMMUNITY 
DEVELOPMEhrr SHALL CONDUCT AN DvJVESTIGATION 



187 



Ord. No. 341 



AND REPORT TO THE BOARD ON THE IMPACT WHICH 
THE OPERATION OF MI>JIBIKES, OFF THE ROAD 
MOTORCYCLES, U^fREGISTERED MOTORCYCLES -QR 
RELATED \^EHICLES HAS ON RESIDE>rrL^L PROPERTIES 
AND BUSINESSES D>J THE AREAi 

(3) ON RECEIPT OF THE REPORTS, THE 
BOARD SR ^ ^LL DETERMI^:E IF THE AREA SHALL BE 
DESIGNx^TED AS A RESTRICTED DRIVIhJG ARE.^ AND 
SHALL ISSUE A WR^TE^J DECISION AND ORDER. 

(D) THE DECISION A^JD ORDER OF THE BOx\RD 
MAY BE APPEx\LED TO THE BOARD OF MUNICIPAL AND 
ZONI>JG APPR^LS \\TrHI>J 30 DxAiYS .^VFTER THE 

ISSUI^^JCE of the decision x^jd order. 

85CT. REGISTRATION. 

(A) registration SHALL BE FOR A PERIOD OF 
TWELVE MONTHS AND OBTAINED BY AN APPLICATION 
PROCESS AS FOLLOWS: 

y^ (1) the ADULT owner OF A MINIBIKE, OFF- 
THE-ROAD MOTORCYCLE, UNREGISTERED 
MOTORCYCLE OR RELATED VEHICLE, OR A PARENT OR 
LEGAL GUARDLflJ^ OF A MINOR OWNER, SHALL APPLY 
TO THE DEPARTMENT FOR REGISTRATION OF THE 
MINIBIKE OR OFF-THE-ROAD MOTORCYCLE ON THE 
FORM THAT THE DEPARTMENT REQUIRES. 

(2) THE APPLICATION SHALL CONTAIN THE 
INFORMATION THAT THE DEPARTMENT REASONABLY 
REQUIRES TO DETERMINE IF THE MINIBIKE, OFF-THE- 
ROAD MOTORCYCLE, UNREGISTERED MOTORCYCLE 
OR RELATED VEHICLE IS ENTITLED TO REGISTRATION. 



(3) THE APPLICATION SHALL BE SIGNED IN 



INK BY: 



(D EACH ADULT OWNER OR BY A 
PARENT OR LEGAL GUARDL^N OF A MINOR OWNER; 



188 



Ord. No. 341 



(ID AN OFFICER OR AUTHORIZED AGENT 
OF THE OWNER IF THE OWNER IS A BUSINESS FIRM, 
CORPORATION, OR ASSOCIATION; 

(IID A PARTNER OR JOINT VENTURE, IF 
THE OWNER IS A PARTNERSHIP OR JOINT VENTURE; 

(IV) AN OFHCER OR AUTHORIZED 
AGENT, IF THE OWNER IS AN UNINCORPORATED 
ASSOCIATION, JOINT STOCK COMPANY, OR OTHER 

GROUP DESCRIBED IN ANNOTATED CODE OF ^ 

MARYLAND COURTS AND JUDICIAL PROCEEDINGS ^ 



ARTICLE, SECTION 6-406; OR 



(V) A TRUSTEE, IF THE OWNER IS A ^ 

TRUST. / 

(4) THE APPLICATION SHALL BE ^ 

ACCOMPANIED BY THE CURRENT CERTIFICATE OF \ 

TITLE FOR THE MINBIKE OR OFF-THE-ROAD ^ 

MOTORCYCLE ISSUED BY THE STATE MOTOR VEHICLE C 

ADMINISTRATION OR BY A CERTIFICATE OF ORIGIN « 

OR BY A GENUINE BILL OF SALE. ^ 

(B) THE DEPARTMENT SHALL REFUSE 
REGISTRATION OF ANY VEHICLE IF: 

(1) THE APPLICATION CONTAINS ANY FALSE 
OR FRAUDULENT STATEMENT; 

(2) THE APPLICANT HAS FAILED TO FURNISH 
INFORMATION OR DOCUMENTS REQUIRED BY THE 
DEPARTMENT; 

(3) ANY REQUIRED FEE HAS NOT BEEN PAID; 

(4) THE APPLICANT IS BY LAW NOT ENTITLED 
TO REGISTER A MINBIKE, OFF-THE-ROAD 
MOTORCYCLE, UNREGISTERED MOTORCYCLE OR 
RELATED VEHICLE; 

(5) THE REGISTRATION OF THE MINBIKE, 
OFF-THE-ROAD MOTORCYCLE, UNREGISTERED 



189 



Ord. No. 341 



MOTORCYCLE OR RELATED VEHICLE IS SUSPENDED 
OR REVOKED; 

(6) THE DEPARTMENT HAS REASONABLE 
GROUNDS TO BELIEVE: 



(D THAT THE MINIBIKE, OFF-THE-ROAD 
E, UNREGISTERED 
RELATED VEHICLE IS STOLEN; 



MOTORCYCLE, UNREGISTERED MOTORCYCLE OR J 



(ID THAT THE OPERATOR HAS VIOLATED 
THE PROVISIONS OF THIS SUBTITLE; OR 

(IID THAT THE GRANT OF REGISTRATION 
WOULD BE FRAUD AGAINST ANOTHER PERSON. 

(7) DURING THE PRECEDING THREE-YEAR 
PERIOD, ANY MINIBIKE, OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE 
REGISTERED TO THE APPLICANT (OR ON THE 
APPLICANT'S BEHALF TO THE APPLICANTS PARENT OR 
LEGAL GUARDLfl^ HAS BEEN FORFEITED. 

(Q THE DEPARTMENT SHALL: 

(1) FILE EACH REGISTRATION APPLICATION 
AND RETAIN IT FOR FIVE YEARS; 

(2) REGISTER THE DESCRIBED THE VEHICLE 
IF IT FINDS THAT THE APPUCANT IS ENTITLED TO 
THE REGISTRATION; AN» 

(3) KEEP A RECORD OF THE REGISTRATION IN 
A MANNER THAT PERMITS IDENTIFICATION OF THE 
VEHICLE AND ITS OWNER .: AND 

(4) PROMULGATE RULES AND REGULATIONS. 

(D) WHEN rr REGISTERS A VEHICLE, THE 
DEPARTMENT SHALL COLLECT THE REGISTRATION 
FEE FDCED BY THE BOARD OF ESTIMATES AND SHALL 
ISSUE TO THE REGISTRANT A CERTIFICATE THAT 
STATES: 



190 



Ord. No. 341 



(1) THE DATE ISSUED AND DATE OF 
EXPIRATION; 

(2) THE NAME AND ADDRESS OF THE OWNER, 
AND OF THE PARENT OR GUARDIAN IF THE OWNER IS 
A MINOR; 

(3) THE REGISTRATION NUMBER ASSIGNED 
BY THE DEPARTMENT TO THE VEHICLE; 

(4) THE SERIAL NUMBER (OR NUMBERS IF X 
MORE THAN 1) ASSIGNED TO THE ENGINE AND ^ 
FRAME BY THE MANUFACTURER; AND ^ 

(5) A DESCRIPTION OF THE MINBIKE, OFF- ^ 
THE-ROAD MOTORCYCLE, UNREGISTERED / 
MOTORCYCLE OR RELATED VEHICLE AS REQUIRED BY ^ 
THE DEPARTMENT. 



A 



I 

(E) AT ALL TIMES, THE REGISTRATION ^ 
CERTIFICATE SHALL BE CARRIED BY THE PERSON C 
OPERATING THE VEHICLE, WHO SHALL DISPLAY IT, ON % 
DEMAND, TO ANY POUCE OFFICER WHO IS ^ 
IDENTIFIED AS A POUCE OFFICER. 

(F) (1) WHEN THE DEPARTMENT REGISTERS A 
MINIBIKE , OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE, 
THE DEPARTMENT SHALL ISSUE TO THE OWNER 1 
REGISTRATION PLATE. 

(2) (I) THE REGISTRATION PLATE SHALL 
DISPLAY: 

A. THE REGISTRATION NUMBER 
ASSIGNED TO THE VEHICLE FOR 
WHICH IT IS ISSUED; AND 

B. THE NAME OF THE CITY, WHICH 
MAY BE ABBREVL\TED. 

(II) THE PJ;GISTRi\TION NUMBER SH.^LL 
BE AT LEi^ST 3 INCHES HIGH. WITH E^^CH STROKE AT 



191 



Ord. No. 341 



LEAST ONE EIGHTH OF AN I^JCH WIDEi THE PHYSICAL 
CHARACTERISTICS OF THE REGISTRATION PLATE 
SHALL MEET THE STANDARDS ESTABUSHED BY THE 
MOTOR VEHICLE ADMINISTRATION. 

(IID THE REGISTRATION MAY CONSIST 
OF LETTERS, NUMERALS, OR BOTH. 

(3) REGISTRATION PLATES SHALL BE 
MANUFACTURED OF A MATEIUAL WARRANTED TO 
HAVE DURABILITY OF AT LEAST 5 YEARS. 

(4) (D DURING SUBSEQUENT REGISTRATION 
YEARS, THE DEPARTMENT MAY ORDER THE 
CONTINUED USE OF REGISTRATION PLATES THAT ARE 
VALID DURING ANY CURRENT REGISTRATION YEAR; 
AND, AFTER SO DOING, THE DEPARTMENT SHALL 
ISSUE, AT THE TIME A VEHICLE REGISTRATION IS 
RENEWED, A VALIDATION TAB TO EVIDENCE PAYMENT 
OF THE ANNUAL REGISTRATION FEE. 

(ID THE TAB SHALL BE DISPLAYED ON 
THE REGISTRATION PLATE IN THE MANNER THAT THE 
DEPARTMENT REQUIRES. 

(IID THE DEPARTMENT SHALL FROM 
TIME TO TIME EVALUATE THE CONDITION OF 
REGISTRATION PLATES ISSUED UNDER THIS SUBTITLE 
AND MAY PROVIDE FOR THE MANUFACTURE AND THE 
ISSUANCE OF NEW REGISTRATION PLATES. THESE 
NEW REGISTRATION PLATES SHALL BE ISSUED AND 
SUBSEQUENTLY VALIDATED IN THE MANNER 
REQUIRED BY THIS SUBTITLE. 

(G) (1) THE REGISTRATION PLATE SHALL BE 
ATTACHED TO THE REAR OF THE VEHICLE. 

(2) AT ALL TIMES, THE REGISTRATION PLATE 
SHALL BE: 

(D MAINTAINED FREE FROM FOREIGN 
MATERIALS AND CLEARLY LEGIBLE; AND 



192 



4 



Ord. No. 341 



(ID SECURELY FASTENED TO THE 
VEHICLE FOR WHICH IT IS ISSUED: 

A. IN A HORIZONTAL POSITION; 

B. IN A MANNER THAT PREVENTS THE PLATE 
FROM SWINGING; AND 

C. IN A PLACE AND POSITION TO BE CLEARLY 
VISIBLE. 

(3) A PERSON MAY NOT DRIVE A MINIBIKE, 

OFF-THE-ROAD MOTORCYCLE, UNREGISTERED ^ 

MOTORCYCLE OR RELATED VEHICLE ON PRIVATE ^ 

PROPERTY AND THE OWNER OF THE VEHICLE MAY ^ 

NOT PERMIT IT TO BE DRIVEN ON ANY PRIVATE ft 

PROPERTY, UNLESS THERE IS ATTACHED TO THE ^ 

VEHICLE AND DISPLAYED ON IT AS REQUIRED BY THIS ^ 

SUBTITLE: ^ 

(I) A REGISTRATION PLATE WITH ^ 

VALIDATION TAG, IF APPLICABLE, ISSUED FOR THE ^ 

VEHICLE, BY THE DEPARTMENT FOR THE CURRENT C 
REGISTRATION PERIOD. 



(H) UNLESS ANNUAL VALIDATION TABS HAVE 
BEEN ISSUED BY THE DEPARTMENT AND ARE 
DISPLAYED ON THE PLATE AS PROVIDED IN THIS 
SUBTITLE, THE REGISTRATION OF THE MINIBIKE, OFF- 
THE-ROAD MOTORCYCLE, UNREGISTERED 
MOTORCYCLE OR RELATED VEHICLE SHALL EXPIRE ON 
A DATE DETERMINED BY THE DEPARTMENT. 

(D (1) THE ADULT OWNER OF A MINIBIKE, OFF- 
THE-ROAD MOTORCYCLE, UNREGISTERED 
MOTORCYCLE OR RELATED VEHICLE OR A PARENT OR 
LEGAL GUARDL\N OF A MINOR OWNER MAY APPLY 
FOR RENEWAL OF THE REGISTRATION ON THE FORM 
THAT THE DEPARTMENT REQUIRES. 

(2) (D AT ANY TIME BEFORE OR AFTER A 
REGISTRATION EXPIRES, THE DEPARTMENT MAY 
ACCEPT APPUCATIONS FOR RENEWAL OF 
REGISTRATION, GRANT THE RENEWAL, AND ISSUE A 



193 



I 



Ord. No. 341 



NEW REGISTRATION CERTIFICATE, PLATE, AND 
VALIDATION TAB. 

(ID A PERSON MAY NOT DISPLAY THE 
NEW REGISTRATION PLATE OR THE NEW 
REGISTRATION TAB ON THE VEHICLE PRIOR TO THE 
DATE FIXED BY THE DEPARTMENT. 

(J) (1) CHANGE OF ADDRESS OR NAME. IF ANY 
PERSON WHO HAS APPLIED FOR OR OBTAINED THE 
REGISTRATION OF A MINIBIKE, OFF-THE-ROAD 
MOTORCYCLE, UNREGISTERED MOTORCYCLE OR 
RELATED VEHICLE MOVES FROM THE ADDRESS GIVEN 
IN THE APPLICATION OR SHOWN ON THE 
REGISTRATION CERTIFICATE, THE PERSON SHALL, 
WITHIN 30 DAYS OF THE CHANGE, NOTIFY THE 
DEPARTMENT IN WRITING OF PERSON'S FORMER 
ADDRESS AND NEW ADDRESS. 

IF THE NAME OF ANY INDIVIDUAL WHO HAS 
APPLIED FOR OR OBTAINED THE REGISTRATION OF A 
MINIBIKE, OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE 
IS LATER CHANGED BY MARRIAGE OR BY COURT 
ORDER OR IF THE NAME OF ANY OTHER PERSON WHO 
HAS APPLIED FOR OR OBTAINED THE REGISTRATION 
OF A MINIBIKE, OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE 
IS LATER CHANGED AS PROVIDED BY LAW, THE 
PERSON SHALL, WITHIN 30 DAYS OF THE CHANGE, 
NOTIFY THE DEPARTMENT OF THE FORMER NAME 
AND NEW NAME AND APPLY FOR A CORRECTED 
REGISTRATION CERTIFICATE ON THE FORM THAT THE 
DEPARTMENT REQUIRES. ON RECEIPT OF THE 
APPLICATION, THE DEPARTMENT SHALL ISSUE A 
CORRECTED REGISTRATION CERTIFICATE. 

(K) (1) IF A CURRENT REGISTRATION CERTIFICATE 
OR CURRENT VALIDATION TAB IS LOST, STOLEN, 
MUTILATED, DESTROYED, OR BECOMES ILLEGIBLE, 
THE VEHICLE FOR WHICH IT WAS ISSUED SHALL NOT 
BE OPERATED UNTIL A REPLACEMENT IS OBTAINED AS 
HEREIN PROVIDED. 



194 



Ord. No. 341 



(2) IF A CURRENT REGISTRATION 
CERTIFICATE OR VALIDATION TAB IS LOST, STOLEN, 
OR MUTILATED, DESTROYED, OR BECOMES ILLEGIBLE, 
THE ADULT OWNER OR A PARENT OR LEGAL 
GUARDL\N OF A MINOR OWNER OF THE VEHICLE FOR 
WHICH THE CERTIFICATE OR TAB WAS ISSUED OR 
THE LEGAL REPRESENTATIVE OF THE OWNER NAMED 
IN THE EVIDENCE OF OWNERSHIP AS SHOWN IN THE 
RECORDS OF THE DEPARTMENT, IMMEDL\TELY SHALL 
APPLY FOR AND, AFTER FURNISHING INFORMATION 

SATISFACTORY TO THE DEPARTMENT AND PAYMENT ^ 

OF THE REQUIRED FEE, IS ENTITLED TO OBTAIN A « 

nTTDTirATT? DFniQTDATTnM rT7DTTT7TrATT? m? A, 



(4) WITHIN 48 HOURS AFTER THE LOSS, 
THEFT, MUTILATION, DESTRUCTION, OR ILLEGBILrrY 
OF ANY CURRENT REGISTRATION PLATE OR 
VALIDATION TAB, THE ADULT OWNER OR A PARENT 
OR LEGAL GUARDL\N OR A MINOR OWNER OF THE 
VEHICLE FOR WHICH THE PLATE OR TAB WAS ISSUED 
SHALL NOTIFY THE DEPARTMENT AND APPLY FOR A 
REPLACEMENT. THE DEPARTMENT SHALL SUPPLY THE 
REPLACEMENT ON RECEIVING INFORMATION 
SATISFACTORY TO IT, PAYMENT OF THE REQUIRED 
FEE, AND WHN APPROPRL\TE, THE ORIGINAL PLATE 
OR TAB. 

(L) IF THE OWNER OF A MINIBIKE, OFF-THE-ROAD 
MOTORCYCLE, UNREGISTERED MOTORCYCLE OR 
RELATED VEHICLE REGISTERED IN THIS CITY ASSIGNS 
OR OTHERWISE TRANSFERS THE OWNER'S TITLE OR 
INTEREST IN THE VEHICLE THE REGISTRATION OF 
THE VEHICLE EXPIRES. THE OWNER SHALL REMOVE 
THE REGISTRATION PLATE FROM THE VEHICLE AND 
SURRENDER IT, TOGETHER WITH ALL OTHER 



195 



g 



DUPUCATE REGISTRATION CERTIFICATE OR 

REPLACEMENT VALIDATION TAB. '^ 

(3) IF A CURRENT REGISTRATION PLATE IS ^ 

LOST, STOLEN, MUTILATED, DESTROYED, OR ^ 

BECOMES ILLEGIBLE, THE VEHICLE ^ 

FOR WHICH THE REGISTRATION WAS ISSUED SHALL ^ 

NOT BE OPERATED UNTIL A REPLACEMENT IS ^ 
OBTAINED AS PROVIDED HEREIN. 



9 



Ord. No. 341 



EVIDENCE OF REGISTRATION, INCLUDING THE 
REGISTRATION CERTIFICATE, TO THE DEPARTMENT 
FOR CANCELLATION. 

(M) (1) BEFORE THE TRANSFEREE OF A 
REGISTERED MINIBIKE, OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE 
MAY DRIVE THE VEHICLE OR PERMIT IT TO BE DRIVEN 
ON PRIVATE PROPERTY, THE TRANSFEREE SHALL 
APPLY FOR AND OBTAIN A NEW REGISTRATION OF 
THE VEHICLE. 

(2) ANY PERSON WHO SELLS A MINIBIKE, 
OFF-THE-ROAD MOTORCYCLE, UNREGISTERED 
MOTORCYCLE OR RELATED VEHICLE SHALL INFORM 
THE BUYER THAT REGISTRATION IS REQUIRED 
BEFORE THE VEHICLE MAY BE OPERATED. 

(N) (1) THE DEPARTMENT SHALL SUSPEND OR 
REVOKE THE REGISTRATION OF ANY MINIBIKE, OFF- 
THE-ROAD MOTORCYCLE, UNREGISTERED 
MOTORCYCLE OR RELATED VEHICLE IF THE 
DEPARTMENT: 

(D IS SATISFIED THAT THE 
REGISTRATION WAS FRAUDULENTLY OBTAINED OR 
ERRONEOUSLY ISSUED; 

(ID DETERMINES THAT THE REQUIRED 
FEE HAS NOT BEEN PAID AFTER REASONABLE NOTICE 
AND DEMAND; 

(IID DETERMINES THAT THE VEHICLE 
HAS BEEN DISMANTLED OR WRECKED; 

(IV) DETERMINES THAT A REGISTRATION 
CERTIFICATE OR REGISTRATION PLATE NOT ISSUED 
FOR THAT VEHICLE IS DISPLAYED ON OR FOR THAT 
VEHICLE; OR 

(V) DETERMINES THAT THE VEHICLE HAS 
BEEN OPERATED BY ANY PERSON IN VIOLATION OF 
ANY OF THE PROVISIONS OF THIS SUBTITLE. 



196 



Ord. No. 341 



(2) THE DEPARTMENT MAY NOT SUSPEND 
THE REGISTRATION OF A MINIBIKE, OFF-THE-ROAD 
MOTORCYCLE, UNREGISTERED MOTORCYCLE OR 
RELATED VEHICLE BY REASON OF ANY ACT OF 
OMISSION ESTABUSHED BY THE OWNER TO HAVE 
BEEN COMMITTED OR OMITTED BY ANY PERSON 
OTHER THAN THE OWNER WHILE THE MINIBIKE, OFF- 
THE-ROAD MOTORCYCLE, UNREGISTERED 
MOTORCYCLE OR RELATED VEHICLE WAS 
UNLAWFULLY IN THE POSSESSION OF A PERSON 

OTHER THAN THE OWNER IN VIOLATION OF THE (C 

CRIMINAL LAWS OF THIS STATE, THE UNITED STATES, ^ 

OR OF ANY STATE. ^ 

MINIBIKE, OFF-THE-ROAD MOTORCYCLE, ^ 

UNREGISTERED MOTORCYCLE OR RELATED VEHICLE ^ 

IS SUSPENDED OR REVOKED FOR A VIOLATION OF ^ 

PARAGRAPH (1) OF THIS SUBSECTION, THE ^ 

DEPARTMENT SHALL NOTIFY THE REGISTERED 
OWNER(S) OF THE ALLEGED VIOLATION AND GIVE 
THEM AN OPPORTUNITY TO BE HEARD. THE HEARING 
SHALL BE INFORMAL AND SHALL BE CONDUCTED BY A 
PERSON DESIGNATED BY THE DIRECTOR. 

(4) A SUSPENSION OR REVOCATION UNDER 
THIS SUBSECTION IS SUBJECT TO A RIGHT OF APPEAL 
TO THE BOARD OF MUNICIPAL AND ZONING APPEALS 
WITHIN 30 DAYS OF THE DECISION, UNLESS THE 
BOARD OF MUNICIPAL AND ZONING APPEALS ORDERS 
OTHERWISE, AN APPEAL SHALL NOT OPERATE AS A 
STAY OF THE SUSPENSION OR REVOCATION. 

(5) FOR VIOLATORS OF PARAGRAPH (1)CD 
THROUGH (IV) OF THIS SECTION, THE DEPARTMENT 
MAY SUSPEND OR REVOKE THE REGISTRATION OF 
THE VEHICLE AS MAY BE APPROPIUATE. FOR 
VIOLATIONS OF PARAGRAPH (1)(V) OF THIS 
SUBSECTION, THE DEPARTMENT SHALL TAKE THE 
FOLLOWING ACTION: 

(D FOR THE FIRST VIOLATION, SUSPEND 
THE REGISTRATION FOR A PERIOD OF 30 DAYS; 



197 






Ord. No. 341 



(ID FOR THE SECOND VIOLATION, 
SUSPEND THE REGISTRATION FOR A PERIOD OF 90 
DAYS; AND 

cm) FOR THE THIRD VIOLATION, REVOKE 
THE REGISTRATION. ONCE REVOKED, REGISTRATION 
OF THE VEHICLE MAY NOT BE REINSTATED FOR 3 
YEARS. 

(O) IF THE DEPARTMENT CANCELS, SUSPENDS, OR 
REVOKES THE REGISTRATION OF A MINIBIKE, OFF- 
THE-ROAD MOTORCYCLE, UNREGISTERED 
MOTORCYCLE OR RELATED VEHICLE, THE OWNER, 
PARENT OR GUARDL\N OF A MINOR CHILD WHO IS IN 
VIOLATION OF THIS SUBTITLE OR PERSON IN 
POSSESSION OF THE EVIDENCE OF THE 
REGISTRATION, INCLUDING THE REGISTRATION 
CERTIFICATE OR REGISTRATION PLATE, IMMEDL\TELY 
SHALL RETURN THEM TO THE DEPARTMENT. 

(P) SUBJECT TO THE PROVISIONS OF PARAGRAPH 
(3) OF THIS SUBSECTION, A PERSON MAY NOT DRIVE 
A MINIBIKE, OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE 
ON PRIVATE PROPERTY AND THE OWNERS OF THE 
MINIBIKE, OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE 
MAY NOT KNOWINGLY PERMIT IT TO BE DRIVEN ON 
PRIVATE PROPERTY IF: 

(1) THE VEHICLE IS NOT REGISTERED OR THE 
REQUIRED REGISTRATION FEE HAS NOT BEEN PAID; 
OR 

(2) THE REGISTRATION OF THE VEHICLE HAS 
EXPIRED OR IS CANCELED, SUSPENDED, OR REVOKED. 

(3) REGISTRATION OF A MINIBIKE, OFF-THE- 
ROAD MOTORCYCLE, UNREGISTERED MOTORCYCLE 
OR RELATED VEHICLE OWNED BY A NONRESIDENT OF 
THE CITY IS NOT REQUIRED WHEN THE VEHICLE IS 
DRIVEN IN A COMPETITION OR EVENT SANCTIONED 



198 



Old. No. 341 



BY THE AMERICAN MOTORCYCLE ASSOCIATION OR 
SIMILAR ORGANIZATION. 

[c] 85DC Penalties. 

Any person WHO VIOLATES ANY [the] provision [s] 
of this [section] SUBTITLE, OR ANY PARENT OR 
GUARDL\N OF A MINOR CHILD WHO KNOWINGLY 
PERMITS THE CHILD TO VIOLATE ANY PROVISION OF 
THIS SUBTITLE, shall be guilty of a misdemeanor and 
upon conviction thereof, shall be fined not more than 
$100 for each offense AND THE MINBIKE, OFF-THE- 
ROAD MOTORCYCLE, UNREGISTERED MOTORCYCLE 
OR RELATED VEHICLE SHALL BE SUBJECT TO SEIZURE 
AND FORFEITURE UNDER SECTION 85D. 

85ED. SEIZURE AND FORFEITURE. 

(A) ANY MINEBIKE, OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE 
THAT (1) IS OPERATED IN A RESTRICTED DRIV ING 
AREA, (3) IS NOT REGISTERED WHEN DRIVEN, ^[21 
DOES NOT HAVE ITS TAGS AFFIXED OR REGISTRATION 
IN POSSESSION AS REQUIRED UNDER SECTION 85^, 
OR. C3) IS USED ON 3 SEPARATE OCCASIONS IN THE 
COMMISSION OF 1 OR MORE VIOLATIONS OF THIS 
SUBTITLE SHALL BE SUBJECT TO SEIZURE AND 
FORFEITURE; EXCEPT THAT A MINBIKE, OFF-THE- 
ROAD MOTORCYCLE, UNREGISTERED MOTORCYCLE 
OR RELATED VEHICLE SHALL NOT BE FORFEITED 
UNDER THE PROVISIONS OF THIS SECTION BY 
REASON OF ANY ACT OR OMISSION ESTABUSHED BY 
THE OWNER THEREOF TO HAVE BEEN COMMITTED OR 
OMITTED BY ANY PERSON OTHER THAN SUCH OWNER 
WHILE SUCH VEHICLE WAS UNLAWFULLY IN THE 
POSSESSION OF A PERSON OTHER THAN THE OWNER 
IN VIOLATION OF THE CRIMINAL LAWS OF THIS 
STATE, THE UNITED STATES OR ANY OTHER STATE. 

(B) ANY MINBIKE, OFF-THE-ROAD MOTORCYCLE, 
UNREGISTERED MOTORCYCLE OR RELATED VEHICLE 
SUBJECT TO SEIZURE UNDER THIS SECTION MAY BE 
SEIZED BY A POUCE OFFICER WITHOUT WARRANT IF 



199 



Ord. No. 341 



THERE IS PROBABLE CAUSE TO BELIEVE THE VEHICLE 
HAS BEEN USED ON 3 SEPARATE OCCASIONS DURING 
ANY PERIOD IN THE COMMISSION OF 1 OR MORE 
VIOLATIONS OF THIS SUBTITLE AND CIRCUMSTANCES 
EXIST WHERE A WARRANT IS NOT 
CONSTITUTIONALLY REQUIRED. 

(Q ANY VEHICLE TAKEN OR OBTAINED UNDER 
THIS SECTION SHALL NOT BE REPLEVIABLE BUT SHALL 
BE CONSIDERED TO BE IN THE CUSTODY OF THE 
PERSON WHO SEIZED SAID PROPERTY SUBJECT ONLY 
TO THE ORDERS AND DECREES OF THE COURT OR 
THE OFFICLflJ. HAVING JURISDICTION THEREOF. 
WHENEVER A VEHICLE IS SEIZED UNDER THE 
PROVISIONS OF THIS SECTION, THE POUCE OFFICER 
WHO SEIZED IT MAY CAUSE IT TO BE REMOVED TO A 
PLACE DESIGNATED BY THE POUCE COMMISSIONER. 

(D) PROMPTLY AFTER SEIZURE, THE POUCE 
OFFICER WHO SEIZED AND CAUSED THE 
IMPOUNDMENT OF THE VEHICLE SHALL NOTIFY THE 
CITY SOUCITOR IN WRITING OF THE FACTS AND THE 
CIRCUMSTANCES SUPPORTING THE POUCE OFFICER'S 
ACTIONS. UPON RECEIPT OF THE REPORT, THE 
SOUCITOR SHALL CONDUCT AN INDEPENDENT 
REVIEW OF THE FACTS AND CIRCUMSTANCES 
SURROUNDING THE SEIZURE AND IMPOUNDMENT OF 
THE VEHICLE. IF IN THE OPINION OF THE SOUCITOR 
THERE IS SUFHCIENT EVIDENCE TO PROVE THAT THE 
VEHICLE IN QUESTION WAS USED ON 3 SEPARATE 
OCCASIONS DURING ANY PERIOD TO COMMIT 1 OR 
MORE VIOLATIONS OF THIS SUBTITLE, THEN THE 
SOUCITOR SHALL NOTIFY THE OWNER BY CERTIFIED 
MAIL OF THE SEIZURE AND OF THE CITY'S INTENT TO 
INSTITUTE FORFEITURE PROCEEDINGS. ON THE 
OTHER HAND, IF AFTER THE SOUCITOR'S 
INDEPENDENT REVIEW OF THE SURROUNDING FACTS 
AND CIRCUMSTANCES, THE SOUCITOR IS OF THE 
OPINION THAT THERE IS INSUFFICIENT EVIDENCE TO 
PROVE A CASE OF FORFEITURE, THE SOUCITOR SHAU 
SURRENDER THE VEHICLE UPON REQUEST OF THE 
OWNER. 



200 



I 



Ord. No. 341 



(E) (1) SOUCITOR'S DUTIES. IF THE SOUCITOR 
DETERMINES THAT THE VEHICLE SHOULD BE 
FORFEITED TO THE CITY, THE SOUCITOR, WITHIN 90 
DAYS AFTER THE SEIZURE OF THE VEHICLE SHALL: 

(X) PETITION IN EQUITY IN THE CIRCUIT 
COURT FOR THE BALTIMORE CITY 
IN THE NAME OF THE CITY AGAINST 
THE VEHICLE AS DESIGNATED BY 
MAKE, MODEL, YEAR, AND MOTOR 
OR SERIAL NUMBER; AND ^ 

(ID AT THE SAME TIME SEND COPIES OF ^ 

THE PETITION BY REGISTERED OR ft 

CERTIFIED MAIL TO EACH S 

REGISTERED OWNER AND ANY ^ 

SECURED PARTY NOTED. ^ 

(2) THE PETITION FOR FORFEITURE SHALL 5 

CONTAIN: ^ 



(D THE NAME OF THE REGISTERED 
OWNERS OF THE VEHICLE; 

(ID THE NAME OF ANY SECURED PARTY 
WHOSE INTEREST APPEARS AMONG 
THE RECORDS MAINTAINED BY THE 
CLERK OF THE CIRCUIT COURT FOR 
THE CITY; 

(IID A STATEMENT OF THE FACTS AND 
CIRCUMSTANCES SURROUNDING 
THE SEIZURE OF THE VEHICLE; 

(IV) A STATEMENT SETTING FORTH THE 
SPECIFIC CAUSES OR GROUNDS FOR 
FORFEITURE OR BOTH; 

(V) A REQUEST THAT THE VEHICLE BE 
FORFEITED TO THE CITY. 



I 



201 



Ord. No. 341 



(3) (D WITHIN 7 DAYS OF THE FILING OF 

THE PETITION FOR FORFEITURE, 
NOTICE OF THE SEIZURE AND 
FORFEITURE PROCEEDING SHALL BE 
MADE BY PUBLICATION IN 1 OR 
MORE NEWSPAPERS PUBLISHED IN 
THE CITY. 

(ID THE NOTICE SHALL STATE THE 
SUBSTANCE AND OBJECT OF THE 
FORFEITURE PETITION AND SHALL 
STATE THAT ANY PERSON CLAIMING 
AN INTEREST IN THE SEIZED 
VEHICLE SHALL FILE A DEFENSE TO 
THE PETITION WITHIN 15 DAYS OF 
THE DATE OF THE NOTICE. 

(4) (D ANY DEFENSE TO THE PETITION 

SHALL BE FILED WITHIN 15 DAYS 
AFTER PUBLICATION OF THE 
NOTICE. 

(ID ALL DEFENSES TO A PETITION FOR 
FORFEITURE SHALL BE MADE BY 
ANSWER. 

(5) AN ANSWER SHALL: 

(D COMPLY WITH THE STATE RULES AS 
TO FORM AND CONTENTS; 

(ID BE DIVIDED INTO NUMBERED 

PARAGRAPHS, EACH CONTAINING A 
SEPARATE AND DISTINCTIVE 
AVERMENT; AND 

(HD RESPOND TO EACH MATERIAL 
ALLEGATION CONTAINED IN THE 
PETITION, SPECIFICALLY 
ADMirriNG, DENYING, OR 
EXPLAINING THE FACTS ALLEGED, 
UNLESS THE RESPONDENT IS 
WITHOUT KNOWLEDGE, OR AN 



202 



Ord. No. 341 



ADMISSION OR EXPLANATION 
WOULD TEND TO INCRIMINATE THE 
RESPONDENT, IN EITHER OF WHICH 
EVENTS THE RESPONDENT SHALL 
SO STATE, AND SUCH STATEMENT 
SHALL OPERATE AS A DENL\L 

(6) EVERY ALLEGATION ON THE PETITION 
NOT DENIED IN THE ANSWER SHALL BE CONSIDERED 
ADMITTED, EXCEPT AS TO PERSONS UNKNOWN. 

(7) NEW OR AFFIRMATIVE MATTER ALLEGED 
IN THE ANSWER SHALL BE DEEMED DENIED OR 
AVOIDED BY THE PETITIONER WITHOUT THE NEED OF 
ANY REPLICATION, UNLESS THE COURT SHALL ORDER 
OTHERWISE. 

(F) IF THE OWNER OF THE SEIZED VEHICLE 
DESIRES TO OBTAIN POSSESSION BEFORE A PETITION 
FOR FORFEITURE IS FILED OR BEFORE THE HEARING 
ON THE PETITION, THE CLERK OF THE CIRCUIT 
COURT SHALL HAVE AN APPRAISAL MADE. THE 
APPRAISAL OF THE VALUE OF THE VEHICLE SHALL BE 
IN WRITING, UNDER OATH, TO THE CLERK OF THE 
CIRCUIT COURT. UPON THE FILING OF THE 
APPRAISAL, THE OWNER MAY GIVE BOND PAYABLE TO 
BALTIMORE CITY, MARYLAND, IN AN AMOUNT EQUAL 
TO THE APPRAISED VALUE OF THE VEHICLE PLUS 
COURT COSTS WHICH MAY ACCRUE, WITH SECURITY 
TO BE APPROVED BY THE CLERK, AND CONDITIONED 
FOR PERFORMANCE ON THE FINAL JUDGMENT OF THE 
CIRCUIT COURT AFTER THE HEARING ON THE 
PETITION. IF THE COURT DIRECTS THAT THE 
VEHICLE OR SUCH INTEREST OR EQUITY AS THE 
OWNER MAY PL\VE THEREIN BE FORFEITED, 
JUDGMENT MAY THEREUPON BE ENTERED AGAINST 
THE OBLIGERS ON THE BOND FOR THE PENALTY 
THEREOF, WITHOUT FURTHER OR OTHER 
PROCEEDING, TO BE DISCHARGED BY THE PAYMENT 
OF THE APPRAISED VALUE OF THE VEHICLE SO SEIZED 
AND FORFEITED AND COSTS, UPON WHICH 
JUDGMENT EXECUTION MAY BE ISSUED. 



203 



Ord. No. 341 



(G) (1) IF AFTER A FULL HEARING, THE COURT 
DETERMINES THAT THE VEHICLE SHOULD NOT BE 
FORFEITED, THE COURT SHALL ORDER THE VEHICLE 
RELEASED. 

(2) (D IF THE COURT DETERMINES THAT 
THE VEHICLE SHOULD BE 
FORFEITED, THE COURT SHALL 
ORDER THE VEHICLE FORFEITED TO 
THE CITY. 

(ID IF, HOWEVER THE COURT 

DETERMINES THAT THE VEHICLE IS 
SUBJECT TO A BONA FIDE 
RECORDED SECURITY INTEREST 
CREATED WITHOUT THE 
KNOWLEDGE THAT THE VEHICLE 
WAS BEING OR WAS TO BE USED IN 
VIOLATION OF THIS SUBTITLE, THE 
COURT SHALL ORDER THAT THE 
VEHICLE BE RELEASED WITHIN 5 
DAYS TO THE SECURED PARTY OF 
RECORD. 

(IID THE SECURED PARTY SHALL SELL 
THE VEHICLE IN A COMMERCL\LLY 
REASONABLE MANNER. 

(IV) THE PROCEEDS OF THE SALE SHALL 
BE APPLIED AS FOLLOWS: 

A. TO THE COURT COSTS OF THE 
FORFEITURE PROCEEDINGS; 

B. TO THE BALANCE DUE TO THE 
SECURED PARTY, INCLUDING ALL 
REASONABLE COSTS INCIDENT TO 
THE SALE; 

C. TO PAYMENT OF ALL OTHER 
EXPENSES OF THE PROCEEDINGS 
FOR FORFEITURE, INCLUDING 



204 



Ord. No. 342 



EXPENSES OF SEIZURE, 
MAINTENANCE OR CUSTODY; 
AND 

D. TO THE GENERAL FUNDS OF 
THE CITY. 

(H) ANY SUMS REAUZED ON ANY BOND POSTED 
TO REGAIN POSSESSION OF THE VEHICLE SHALL BE 
APPLIED AS PROVIDED FOR PROCEEDS OF SALE 
UNDER SUBSECTION (G)(2)(IV)D. OF THIS SECTION. 

(D ANY SALE ORDERED PURSUANT TO THIS 
SECTION SHALL BE MADE FOR CASH AND SHALL VEST 
IN THE PURCHASER A CLEAR AND ABSOLUTE TITLE TO 
THE VEHICLE. 

85fE. SIGNS. 

THE DEPARTMENT SHALL POST SIGNS IN 
RESTRICTED DRIVING AREAS NOTIFYING VEHICLE 
OPERATORS OF THE PROVISIONS OF THIS SUBTITLE. 
THE DIRECTOR SHALL DISTRIBUTE MAPS OF 
RESTRICTED DRIVING AREAS WHEN REGISTRATION 
TAGS ARE ISSUED TO OWNERS UNDER THE 
PROVISIONS OF THIS SUBTITLE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 342 

(Council Bill No. 663) 
AN ORDINANCE concerning 

205 



Ord. No. 342 



ZONING - APPROVAL FOR CONDITIONAL USE 

HOME FOR HOMELESS WOMEN AND CHILDREN - 

701 SOUTH CHARLES STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of a home 
for homeless women and children on the property 
known as 701 S. Charles Street, as outlined in red on 
the plats accompanying this ordinance. 

BY authority of 

Article 30 - Zoning 
Sections 6.5-ld-l and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted to South Baltimore Homeless Shelter, Inc., 
for the establishment, maintenance and operation of a 
home for homeless women and children on the property 
known as 701 S. Charles Street, as outlined in red on the 
plats accompanying this ordinance, under the provisions 
of Sections 6.5-ld-l and 11.0-6d of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) tided "Zoning", subject to the conditions that 
the home shall be in operation only from November 1, to 
April 30, each year, and that it shall house no more than 
50 persons at one time. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Coimcil, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 



206 



Ord. No. 343 



Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE « 

ORDINANCE NO. 343 ^ 



(Council Bill No. 745) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

PARKING LOT IN THE PARKING LOT DISTRICT 

300 E. PRATT STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the property known as 300 
E. Pratt Street, as outlined in red on the plats 
accompanying this ordinance, subject to the condition 
that the permission is limited in time. 

BY adding 

Article 30 - Zoning 
Section(s) 9.0-3b and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the estabUshment, maintenance and 
operation of an open off-street parking area on the 
property known as 300 E. Pratt Street, as outlined in red 
on the plats accompanying this ordinance, under the 



207 



I 



Ord. No. 344 



provisions of Section(s) 6.0-3b and 11.0-6d of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, 
as amended), tide "Zoning", subject to the condition that 
the permission is limited in time. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments vy^hich are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. It shall remain effective for a period of 
3 years and, at the end of that time, with no further 
action required by the Qty Council, this ordinance shall 
be abrogated and of no further force and effect. 

Approved June 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 344 

(CouncU Bill No. 784) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 
FOR THE ELDERLY - 6008 BELAIR ROAD 



208 



Ord. No. 344 



FOR the purpose of granting permission for the 

establishment, maintenance and operation of housing 
for the elderly on the property known as 6008 Belair 
Road, as outlined in red on the plats accompanying 
this ordinance , and subject to a condition . 

BY authority of 

Article 30 - Zoning 

Sections 4.5-ld-6 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volimie, as 

amended) ^ 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND ^ 

CITY COUNCIL OF BALTIMORE, That permission is ^ 

hereby granted for the establishment, maintenance and ^ 

operation of 69 units of housing for the elderly, which ^ 

includes the variance allowed in the Zoning Ordinance, ^. 

on the property known as 6008 Belair Road, as outlined ^ 

in red on the plats accompanying this ordinance, under ^ 

the provisions of Sections 4.5-ld-6 and 11.0-6d of Article ^ 

30 of the Baltimore Qty Code (1983 Replacement y 

Volume, as amended) tided "Zoning". ^ 

SEC. 2. AND BE IT FURTHER ORDAINED. That no 
refuse shall be handled on the exterior of the premises, by 
means of a mechanical device, before 7:30 a.m. 

SEC. 2_3. AND BE IT FURTHER ORDAINED, That 
upon passage of this ordinance by the Qty Council, as 
evidence of the authenticity of the plat which is a part 
hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the plat and when 
the Mayor approves the ordinance, he shall sign the plat. 
The Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Plaiming 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 



209 



Ord. No. 345 



SEC. a 4. AND BE IT FURTHER ORDAINED, That 
this ordinance shall take effect on the 30th day after the 
date of its enactment. 

Approved June 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 345 

(CouncU BUI No. 796) 

AN ORDINANCE concerning 

ZONING - AMENDING CONDITIONAL USE 
ORDINANCE 714, 1991 MEETING AND BANQUET HALL 

FOR the purpose of amending Ordinance No. 714, 
approved May 23, 1991, which approved a 
conditional use for a meeting and banquet hall at 
4901-05 Eastern Avenue, by providing that the 
business owner may sponsor an e thnic e v e ning event 
with live entertainment and dancing one night per 
week 

BY repealing and reordaining with amendments 
Section 2 

Ordinance 714 of the Mayor and Qty Council of 
Baltimore, approved by the Mayor on May 23, 1991. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section 2 of 
Ordinance 714 of the Mayor and Qty Council of 
Baltimore, approved by the Mayor on May 23, 1991 is 
hereby repealed and reordained with amendments to read 
as follows: 

"SECTION 2. AND BE IT FURTHER ORDAINED, 
That this permission is granted subject to the 
following conditions: 



210 



Ord. No. 346 



(1) the uses permitted in the hall shall be limited 
to the following: confirmations, weddings, showers, 
engagement parties, wakes, name day celebrations, 
birthdays, Bar/Bat Mitzvahs, christenings, civic 
association receptions, and charitable organization 
events; 

(2) THE BUSINESS OWNER MAY SPONSOR AN 
ETHNIC EVENING ONE NIGHT PER WEEK; 

(2) THE BUSINESS OWNER/OPERATOR MAY ^ 

SPONSOR AN EVENT WITH LIVE ENTERTAINMENT ^ 

AND DANCING ONE NIGHT PER WEEK AS AN ^ 

ACCESSORY USE TO THE MEETING AND BANQUET % 

HALL: > 

[(2)] (3) the sale of tickets to the general public C^ 

for hall events is prohibited; and ^ 

I 

[(3)] (4) that it is the intent of the Mayor and ^ 

Qty Coimcil that the restaurant and hall shall <^ 

continue to be operated by Evangelos Orfanos and/or ^ 

his children ." ^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 17, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 346 
(CouncU Bill No. 848) 

AN ORDINANCE concerning 

WATER WORKS EQUIPMENT 

211 



Ord. No. 346 



FOR the purpose of revising the provisions relating to 
unlawful tampering with water works equipment; and 



increasing the penalties 



BY repealing 

Article 29 - Water 
Sections 14, 15, 16 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY adding 

Article 29 - Water 

Section 14, to be imder the new subtitle "Water 

Works" 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 29 - WATER 

[Hydrants and Fire Plugs 

14. Wasting water. 

If any owner or owners, occupier or occupiers of any 
house or tenement, shall let, permit or suffer any hydrant 
or hydrants attached to such house or tenement, to 
discharge more water than may be necessary for the use 
of such owner or occupiers; if such discharge shall, by the 
freezing of the water in any street, lane, alley or yard in 
this city, or from any other cause, occasion any injury or 
inconvenience to the public or to individuals, such ovmer 
or occupier shall forfeit and pay a sum not exceeding ten 
dollars. 

15. Discharging water from hydrants. 

It shall be unlav^rful for any person or persons, not 



212 



Ord. No. 346 



authorized by ordinance or by a permit from the 
Department of Public Works, to open any fire hydrant and 
cause water to discharge therefrom. Any person violating 
the provisions of this section shall be subject to a fine of 
not less than twenty-five dollars ($25.00) and not more 
than fifty dollars ($50.00) for each offense. The 
provisions of this section shall not apply in any case to 
any person performing the necessary cleaning of 
apparatus of the Fire Department or attending to any 
other duties required by the Qty. 

Injiuing Water Works ^ 

16. Obstructing water works. 5^ 

If any person or persons shall do or cause to be done ^ 

any act whatsoever whereby the water works belonging to C 

the Qty of Baltimore, or any pipe, plug, cock or any ^ 

engine or machine appertaining to the same shall be S 

stopped, obstructed, impaired or injured, the person or ^ 
persons so offending shall forfeit and pay a sum not r^ 

exceeding twenty dollars.] 5^ 

WATER WORKS 

14. INTERFERENCE WITH WATER WORKS EQUIPMENT 
AND THE ILLEGAL USE OF WATER. 

(A) IT IS UNLAWFUL FOR ANY PERSON TO 
CONNECT, DISCONNECT, TAP OR INTERFERE OR 
TAMPER WITH ANY OF THE CANALS, SPRINGS 
RESERVOIRS, TUNNELS, MOUNDS, DAMS, PLUGS, FIRE 
HYDRANTS, MAINS, PIPES, CONDUITS, CONNECTIONS, 
TAPS, VALVES, ENGINES AND MACHINERY BELONGING 
TO THE CITY; OR TO MAKE ANY CONNECTION WITH 
ANY CANAL, SPRING, RESERVOIR, TUNNEL, MOUND, 
DAM, PLUG, FIRE HYDRANT, MAIN, PIPE, CONDUIT, 
CONNECTION, TAP, VALVE, ENGINE OR MACHINERY, 
FOR THE PURPOSE OF WASTING OR USING WATER, OR 
IN ANY MANNER TO TAMPER WITH ANY METER USED 
TO REGISTER THE WATER CONSUMED, UNLESS THE 
PERSON IS AUTHORIZED BY ORDINANCE OR BY 
PERMIT FROM THE DEPARTMENT ^^OF PUBLIC 



213 



Ord. No. 347 



WORKS OR IS PERFORMING DUTIES AS AN EMPLOYEE, 
AGENT, OR INDEPENDENT CONTRACTOR OF THE CITY. 
THIS SECTION DOES NOT APPLY TO THE LAWFUL 
GOVERNMENTAL REGULATION OF WATER COMPANIES, 
THEIR CANALS, SPRINGS, RESERVOIRS, TUNNELS, 
MOUNDS, DAMS, PLUGS, FIRE HYDRANTS, MAINS, 
PIPES, CONDUITS, CONNECTIONS, TAPS, VALVES, 
ENGINES, AND MACHINERY. 

(B) ANY PERSON OR PERSONS WHO VIOLATES A 
PROVISION OF THIS SECTION SHALL BE DEEMED 
GUILTY OF A MISDEMEANOR AND SHALL, UPON 
CONVICTION, BE IMPRISONED FOR NOT MORE THAN 6 
MONTHS OR FINED NOT MORE THAN $500, OR BOTH, 
IN THE DISCRETION OF THE COURT. 

SEC, 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 17, 1994 

KURT L. SCHMOKE, Mayor 



I 



CITY OF BALTIMORE 

ORDINANCE NO. 347 

(Council BUI No. 372) 

AN ORDINANCE concerning 

URBAN RENEWAL - CAMDEN INDUSTRLU PARK - 
AMENDMENT NO. 4 

FOR the purpose of amending the Urban Renewal Plan 
for Camden Industrial Park Urban Renewal Area to, 
among other things, exempt lot No. 28 from the 
exterior sign requirements in the Camden Industrial 
Park urban renewal plan; (2) revise appropriate 
Exhibits attached to the Plan to reflect the changes 
proposed herein; (3) waive such requirements, if any, 
as to the content or procedure for the preparation, 



214 



Ord. No. 347 



adoption and approval of renewal plans as set forth in 

Article 13 of the Baltimore Qty Code (1983 

Replacement Volmne, as amended) which the 

Renewal Plan for Camden Industrial Park may not 

meet; (4) provide for the severability of the various 

parts and applications of this ordinance; (5) provide 

that where the provisions of this ordinance shall 

conflict with any other ordinance, code or regulation 

in force in the Qty of Baltimore, the provision which 

establishes the higher standard shall prevail; and (6) 

provide for an effective date hereof. ^ 

WHEREAS, An Urban Renewal Plan for the Camden A 

Industrial Park, formally known as Renewal Area No. 7, ^ 

was first approved by the Mayor and Qty Coimcil of ^ 

Baltimore by Ordinance No. 410, dated July 6, 1960 and ^ 

last amended by Ordinance No. 799, dated Jime 1, 1970; C^ 
and 



WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, vdthout such 
changes or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of renewal plans, namely approval and adoption 
by ordinance of the Mayor and Qty Council of Baltimore 
after a public hearing in relation thereto, all in the 
manner set forth in said Article 13; and 

WHEREAS, Amendment No. 3 (1969) gave 
recognition of the special si5?nage requirements imposed 
by the location and use of Lot No. 7 and such special 
requirements are no longer applicable; and 

WHEREAS, Since this Plan was last amended, two- 
thirds of the Urban Renewal Area> the entire area east of 
Russell Street, have been reserved and occupied by the 
Maryland Stadium Authority, a highly unique land 
developer: and 

WHEREAS, The remaining minor portion of the Urban 
Renewal Area is located west of Russell Street and is 



215 



¥i 



S 



Ord. No. 347 



primarily below grade of the Russell Street bridge and 
approaches thereof. Lot No. 28 representing one-quarter 
of the Urban Renewal Area located to the west of Russell 
Street; and 

WHEREAS, In accordance with the provisions of 
Section 25 (h) of said Article 13, when a GDuncil Member 
initiates an amendment to an existing renewal plan, such 
bill shall be sent the Department of Housing and 
Community Development and to the Planning 
Commission for recommendation and report; now, 
therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIl OF BALTIMORE, That the following 
amendments and changes to the Renewal Plan for the 
Camden Industrial Park, having been duly reviewed and 
considered, is hereby approved and the Qerk of the Qty 
Council is hereby directed to file a copy of said amended 
Renewal Plan, revised to include Amendment No. 4, 
dated September 21, 1992, with the Department of 
Legislative Reference as a permanent public record and to 
make the same available for public inspection and 
information: 

li On pag e 17» in subs e ction H.lih, aft e r 
paragraph (5) insert th e following n e w 
paragraph (6)i 

"(6) Th e e xt e rior advertising provisions in 
paragraphs (1) through (5) of this 
subs e ction H.l.h shall not apply to Lot 
No. 28." 

On page 16, in subsection H.l.h. CI), 
substitute 'Tot No. 28" for Tot No. 7^ reduce 
the height of the sign from "20'-0"" to "10'- 
0"", reduce the area of the sign from "100" 
square feet to "25" square feet. 

On page 16, in subsection H.l.h. CI), before 
the period in the last line, insert: 
; (2) a billboard or outdoor advertising sign 
may be erected on the southeast comer of 



216 



Ord. No. 347 



Lot No. 28 and must conform to all 
requirements and restrictions of the Zoning 
Code; and (3) one sign may be placed on 
the building facades of Lot No. 28 to allow 
each tenant occupying each building to 
display tenant's name and business in a 
manner of signage which does not exceed 
100 square feet. 

On page 17, in subsection H.l.h.(2) and (3) 

substitute "Lot No. 28" for "Lot No. 7". ^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That in A 

whatever respect, if any, the Renewal Plan approved ^ 

hereby for the Camden Industrial Park area may not meet ^ 

the requirements as to the content of a renewal plan or ^ 

the procedure for the preparation, adoption, and approval C 

of renewal plans as provided in Article 13 of the ^ 

Baltimore Qty Code (1983 Replacement Volimie, as 2 

amended), the said requirements are hereby waived and >J 

the amended Renewal Plan approved hereby is exempted jj 

therefrom. \ 

t 

SEC. 3. AND BE IT FURTHER ORDAINED, That m the 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
Ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and Qty Coimcil hereby declaring that they would have 
ordained the remaining provisions of this Ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this Ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 



217 



Old. No. 348 



which establishes the higher standard for the promotion 
of the pubHc health and safety prevail In any case where 
a provision of this Ordinance is found to be in conflict 
with an existing provision of any other ordinance or code 
or regulation in force in the Qty of Baltimore which 
establishes a lower standard for the promotion and 
protection of the public health and safety, the provision of 
this Ordinance shall prevail, and the other existing 
provision of such other Ordinance or code or regulation is 
hereby repealed to the extent that it may be found in 
conflict with this Ordinance. 

SEC. 5. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved Jime 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 348 

(Council Bill No. 486) 

AN ORDINANCE concerning 

ZONING CODE - AFTER HOURS ESTABUSHMENTS 

FOR the purpose of amending the definition of after 
hours establishments. 

BY repealing and reordaining with amendments 
Article 30 - Zoning 
Chapter 13 - Rules and Definitions 
Section 13.0-2-3A 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 



218 



Ord. No. 349 

amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Qiapter 13 - Rules and Definitions 

13.0-2 Definitions. 

The following definitions shall be used in the 
construction and interpretation of this ordinance: 

3A. After hours establishments: Any banquet 
hall, dance hall, meeting hall, private club or lodge, or 
other similar place, INCLUDING A RESTAURANT WITH 
LIVE ENTERTAINMENT AND/OR DANCING, which 
remains open after 2 a.m. on any day. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 349 

(Council Bill No. 515) 

AN ORDINANCE concerning 

ZONING CODE - 
OCCUPANCY CERTIFICATE VIOLATIONS 

FOR the purpose of providing a monetary penalty and a 
maximum prison term for failure to comply, after 
issuance of notice by the Zoning Administrator, with 
the prohibition against certain uses and occupancies 
without an occupancy certificate. 



219 



Ord. No. 349 



BY repealing and reordaining with amendments 
Article 30 - Zoning 

Chapter 11 - Administration and Enforcement 
Section 11.0-7 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 30 - ZONING 

Chapter 11 - Administration and Enforcement 

11.0-7. Penalties for Violation. 

a. Any person who violates, disobeys, omits, 
neglects, refuses to comply with, or resists the 
enforcement of any of the provisions of this ordinance 
shall be guilty of a misdemeanor and, upon conviction in 
any court of competent jurisdiction, shall be fined not less 
than 25 nor more than 500 dollars. Every such person 
shall be deemed guilty of a separate offense for every day 
such violation shall continue after notification thereof. 

B. ANY PERSON WHO OCCUPIES A STRUCTURE 
OR ADDITION THERETO, OR USES LAND, WITHOUT AN 
OCCUPANCY CERTIFICATE AS REQUIRED BY SECTION 
11.0-2(D) OF THIS ORDINANCE AND AFTER WRITTEN 
NOTICE HAS BEEN ISSUED TO THE OWNER BY THE 
ZONING ADMINISTRATOR PURSUANT TO SECTION 
11.0-2(E) OF THIS ORDINANCE, SHALL BE GUILTY OF A 
MISDEMEANOR AND UPON CONVICTION IN ANY 
COURT OF COMPETENT JURISDICTION SHALL BE 
FINED NOT MORE THAN 300 DOLLARS OR 
IMPRISONED FOR NOT MORE THAN 30 DAYS, OR 
BOTH. 



1 



220 



Ord. No. 351 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 22, 1994 

KURT L. SCPiMOKE, Mayor 



ENROLLED COPY 
CITY OF BALTIMORE 



ORDINANCE NO. 350 ^ 

(Council BUI No. 728) ^ 

AN ORDINANCE concerning ^ 

THE CITY SOUCrrOR AND THE DIRECTOR OF ^ 

PUBLIC WORKS - SALARIES ® 

z 

FOR the purpose of increasing the annual salaries of the ^ 

Qty Solicitor and the Director of Public Works. ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the annual salaries 
of the Qty Solicitor and the Director of Public Works shall 
be increased from $75,000.00 to $100,000.00 $110,000 
$108.600. such increase to take effect with the pay period 
beginning July 1, 1994. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 351 
(CouncU Bill No. 783) 



221 



Ord. No. 351 



AN ORDINANCE concerning 

REZONING - 6008 BELAIR ROAD 
FROM R-4 TO R-5 

FOR the purpose of changing the zoning for the property 
known as 6008 Belair Road from the R-4 Zoning 
District to the R-5 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 20 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 20 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the R-4 Zoning District to the R-5 Zoning District the 
property known as 6008 Belair Road, as outlined in red 
on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Coimcil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the foUovmig: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 



222 



Ord. No. 352 



Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 352 
(Council Bill No. 785) 



AN ORDINANCE concerning ^ 

ZONING - PLANNED UNIT DEVELOPMENT - ^ 

SINAI HOSPITAL 5^ 

FOR the purpose of approving an amended plan of y- 

development of an approximately 61.995 acre parcel ^. 

of land lying generally south of Belvedere Avenue and ^ 

W. Northern Parkway, east of Lanier Avenue, north jg 

and west of Cylbum Avenue and east and west of ^ 

Greenspring Avenue, and to approve the amended ^ 

plan of development as shown on the development k 

plan accompanying this ordinance, submitted to the ^ 

Qty Council by Sinai Hospital of Baltimore, Inc.; and 
to authorize development and maintenance of the 
land as a Residential Planned Development, all 
pursuant to Section 12.0-1 of Article 30 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended). 

WHEREAS, On February 9, 1994, Sinai Hospital of 
Baltimore, Inc., herein called "Developer", leasehold 
owner of parcels of land containing approximately 61.995 
acres lying generally south of Belvedere Avenue and W. 
Northern Parkway, east of Lanier Avenue, north and west 
of Cylbum Avenue and east and west of Greenspring 
Avenue, met with the duly designated officer of the 
Planning Commission of Baltimore Qty, and held an 
preliminary conference with such officer about the scope 
and nature of the proposed amendments to the 
Residential Planned Development on the land, 
preparatory to official submission to the Qty Council of a 



223 



Ord. No. 352 



formal application for consideration of the amendments 
to the Planned Development on the land; and 

WHEREAS, The E>eveloper made formal application to 
the Qty Comicil for (i) approval of the amended plan of 
development of the land as shown on the development 
plan accompanying this ordinance, entitied "Sinai Hospital 
of Baltimore, Inc., Baltimore Maryland, Planned Unit 
Development, 2401 West Belvedere", prepared by Anshen 
and Allen, Architects last revised F e bruar)^ 9 May 12. 
1994, comprised of Dravmigs tided Existing Conditions, 
Sinai PUD, Dravmig No. A-1; PUD Phase 1, Drawing No. 
A-2; PUD Phase 2, Drawing No. A-3; PUD Phase 3, 
Dravmig No. A-4; PUD Phase 4, Drawing No. A-5; and 
PUD Phase 5, Drawing No. A-6 (the "Development Plan") 
and (ii) authorization to develop and maintam the land, 
as a Residential Planned Development, in accordance with 
the approved Development Plan, all by ordinance enacted 
pursuant to Sections 12.0-1 and 12.0-2 of Article 30 of 
Baltimore Qty Code (1983 Replacement Volume, as 
amended). 

BY repealing and reordaining v^th amendments 

Ordinance No. 433 approved February 2, 1990 as 
amended by Ordinance No. 625 approved 
November 21, 1990 

NOW, THEREFORE, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 433, 
approved February 2, 1990, as amended by Ordinance 
No. 625, approved November 21, 1990, is hereby 
repealed and reordained with amendments to read as 
follows: 

SEC. 1. BE IT ORDAINED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, That die 
application of Sinai Hospital of Baltimore, Inc., 
leasehold owner of the property located in 
Baltimore Qty and lying generally south of 
Belvedere Avenue and W. Northern Parkway, 
east of Lanier Avenue, north and west of Cylbum 



224 



I 



Ord. No. 352 



Avenue and east and west of Greenspring 
Avenue, as outlined on the Development plan 
accompanying this ordinance, designating such 
property to be a Residential Planned 
Development pursuant to Article 30, Sections 
12.0-1 and 12.0-2 of the Baltimore Qty Code 
(1983 Replacement Volume, as amended), be 
and it is hereby approved. 

SEC. 2. AND BE IT FURTHER ORDAINED, 

That the Development Plan entided "Sinai ^ 

Hospital of Baltimore, Inc., Baltimore, Maryland, ^ 

Planned Unit Development, 2401 West ^ 

Belvedere", prepared by Anshen and Allen, X 

Architects, last revised F e bruary 9 May 12 , 1994, ^ 

comprised of Drawings titled Existing Conditions, ^ 



W" 



Sinai PUD, Drawing No. A-1; PUD Phase 1, ^ 

Drawing No. A-2; PUD Phase 2, Drawing No. A- 

3; PUD Phase 3, Drawing No. A-4; PUD Phase 4, 

Drawing No. A-5; and PUD Phase 5, Drawing 

No. A-6, attached hereto and made a part 

hereof, be and it is hereby approved. 

SEC. 3. BE IT FURTHER ORDAINED, That 
a proposed minimum distance of 23Q 230 feet 
(with the possibility of minor modifications) 
from the nearest point of W. Northern Parkway 
to the nearest point of the proposed buildings 
shown on Drawing tided PUD Phase 4, Drawing 
No. A-5, be maintained and preserved as a 
heavily wooded buffer. Any deviation from the 
proposed setbacks shall be reviewed and 
approved by the Planning Conmiission in 
accordance vydth an overall objective of 
minimizing the buildings' visibility from W. 
Northern Parkway. The Developer will replenish 
any loss of trees due to construction of the 
buildings and will provide long-term evergreen 
planting around the north side of the retention 
pond and parking lot as indicated on the 
Development Plan. 



225 



Ord. No. 352 



SEC. 4. AND BE IT FURTHER ORDAINED, 

That the proposed buildings east of Greenspring 
Avenue be designed and constructed with 
materials that will minimize the buildings' 
visibility from W. Northern Parkway. 

SEC. 5. AND BE IT FURTHER ORDAINED, 
That the proposed setback from W. Northern 
Parkway and other aspects of the siting and 
design of the buildings east of Greenspring 
Avenue, together with the maintenance and 
preservation of the wooded buffer along the 
remainder of the parcel east of Greenspring 
Avenue in the heavily wooded state, are 
intended to preserve the character of W. 
Northern Parkway as a greenbelt which provides 
a scenic buffer and a link in a larger green space 
environment. Any future modification to the 
Residential Planned Development and 
development of the detailed plans for the 
buildings east of Greenspring Avenue should give 
priority to the achievement of these goals. 

SEC. 6. AND BE IT FURTHER ORDAINED, 
That subsequent to the passage of this Ordinance 
by the Qty Council, all changes in the approved 
Development Plan, minor amendments and 
design approvals for the property shall be 
reviewed and approved by the Planning 
Commission to insure consistency with this 
Ordinance. 

SEC. 7. AND BE IT FURTHER ORDAINED, 
That upon passage of this Ordinance by the Qty 
Council, as evidence of the authenticity of the 
Development Plan which is a part hereof in 
order to give notice to the departments which 
are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the 
Development Plan, and when the Mayor 
approves the Ordinance, he shall sign the 
Development Plan. The Director of Finance shall 
then transmit a copy of the Ordinance and the 



226 



Ord. No. 353 



Development Plan to the Board of Municipal and 
Zoning Appeals, the Planning Commission, the 
Supervisor of Assessments for Baltimore Qty, 
and the Zoning Administrator of Baltimore Qty. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 

# 

CITY OF BALTIMORE ^ 

ORDINANCE NO. 353 ^ 

(CouncU Bill No. 787) ^ 



AN ORDINANCE concerning 

RESEARCH AND DEVELOPMENT TAX CREDIT ?^ 



FOR the purpose of granting a tax credit for certain 
personal property consumed in or used primarily for 
research and development as authorized in Senate Bill 
661, Chapter 402 of the Law of Maryland, 1993. 

BY adding 

Article 28 - Taxes 
Subtide - Tax Credit 
Section 75 C 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of die 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 



*o 



227 



Ord. No. 353 

ARTICLE 28 - TAXES 
Tax Credit 
75C. RESEARCH AND DEVELOPMENT TAX CREDIT. 

(A) THERE IS HEREBY ESTABLISHED A PROPERTY 
TAX CREDIT AS AUTHORIZED IN SECTION 9-223 OF 
THE TAX PROPERTY ARTICLE OF THE ANNOTATED 
CODE OF MARYLAND (SENATE BILL 661, CHAPTER 402 
OF THE LAWS OF MARYLAND, 1993), AGAINST THE 
PROPERTY TAX IMPOSED ON MACHINERY, 
EQUIPMENT, MATEIUALS, AND SUPPLIES: 

(1) THAT ARE CONSUMED IN OR USED 
PRIMARILY IN RESEARCH AND DEVELOPMENT; AND 

(2) THE SALE OR USE OF WHICH IS EXEMPT 
FROM THE SALES AND USE TAX UNDER SECTION 11- 
210 OR SECTION 11-217 OF THE TAX-GENERAL 
ARTICLE OF THE ANNOTATED CODE OF MARYLAND. 

(B) AS USED IN THIS SECTION, "RESEARCH AND 
DEVELOPMENT' MEANS: 

(1) BASIC AND APPLIED RESEARCH IN THE 
SCIENCES AND ENGINEERING; AND 

(2) THE DESIGN, DEVELOPMENT, AND 
GOVERNMENTALLY REQUIRED PRE-MARKET TESTING 
OF PROTOTYPES, PRODUCTS, AND PROCESSES. 

(Q AS USED IN THIS SECTION, "RESEARCH AND 
DEVELOPMENT DOES NOT INCLUDE: 

(1) MARKET RESEARCH; 

(2) RESEARCH IN THE SOCL^L SCIENCES OR 
PSYCHOLOGY AND OTHER NONTECHNICAL 

AcnvrriES; 

(3) ROUTINE PRODUCT TESTING; 

(4) SALES SERVICES; 

(5) TECHNICAL AND NONTECHNICAL 
SERVICE; OR 



228 



c^ 



5r 



Ord. No. 353 



(6) RESEARCH AND DEVELOPMENT OF A 
PUBLIC UTILrrY. 

(D) THE AMOUNT OF THE TAX CREDIT GRANTED 
HEREBY IS EQUAL TO THE CITY PROPERTY TAX 
IMPOSED ON THE ASSESSMENT OF THE PROPERTY 
DESCRIBED IN SUBSECTION (A), ABOVE, IN EXCESS OF 
TWENTY-FIVE PERCENT (25%) OF THE ORIGINAL COST 
OF THE PROPERTY. 

(E) APPLICATION FOR THE TAX CREDIT 
ESTABUSHED HEREIN SHALL BE MADE IN THE ^ 
MANNER PRESCRIBED BY REGULATIONS ADOPTED BY ^ 
THE DEPARTMENT OF ASSESSMENTS AND TAXATION ^ 
OF THE STATE OF MARYLAND. ^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That the ^ 

Director of Finance shall submit a copy of this ordinance 
to the Department of Assessments and Taxation of the 
State of Maryland. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
tax credit established herein shall take effect for tax years 
as authorized in section 9-223 of the Tax Property Article 
of the Annotated Code of Maryland. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
estimated number and cost of all tax credits received by 
property owners pursuant to this section in any fiscal year 
shall be reported by the Director of Finance of Baltimore 
Qty as a "tax expenditure" for that fiscal year, shall be 
included in the publication of the Qt/s budget for that 
fiscal year, and shall be included in the pubUcation of the 
Qt/s budget for any subsequent fiscal year with the 
estimated or actual city property tax revenue for the 
applicable fiscal year. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
Department of Finance shall (1) develop a method for 
analysis of the public costs and benefits of the tax credits, 
to be approved by the Board of Estimates and, (2) 
prepare an annual report to the Board of Estimates and 



229 



Ord. No. 354 

the Qty Council of the findings and results of that 
analysis. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 354 

(Council Bill No. 794) 

AN ORDINANCE concerning 

REZONING - 201-31 W. CAMDEN STREET 

FOR the purpose of changing the zoning for the 

properties known as 201-31 W. Camden Street from 
the M-2-3 Zoning District to the B-5-1 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 55 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 55 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the M-2-3 Zoning District to the B-5-1 Zoning District the 
properties known as 201-31 W. Camden Street, as 
outlined in red on the plat accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 



230 



Ord. No. 355 



administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this ^ 

ordinance shall take effect on the date of its enactment. <^ 

Approved June 22, 1994 ^ 

KURT L. SCHMOKE, Mayor C^ 

^ 



CITY OF BALTIMORE 

ORDINANCE NO. 355 

(Council BUI No. 803) 

AN ORDINANCE concerning 

CITY PROPERTY - PARCEL OF LAND NEEDED 

FOR THE ENGINE COMPANY 33, 19 AND 

TRUCK 5 CONSOLIDATION PROJECT 

FOR the purpose of authorizing the acquisition by 
purchase or condenmation by the Mayor and Qty 
Council of Baltimore of the fee simple interests or 
such other interests as the Chief of the Fire 
Department may deem necessary or sufficient, in and 
to certain pieces or parcels of land situate in 
Baltimore Qty, for a parcel of land needed for 
the Engine Company 33, 19 and Truck 5 
Consolidation Project; the location and coiu^e of said 
parcel of land being shown on a plat thereof 
numbered lll-D-22 prepared by the Survey 
Control Section and filed in the Office of the Director 



231 



Ord. No. 355 



of the Department of IHiblic Works on the ninth (9th) 
day of February, 1994. 

BY authority of 

Article I - General Provisions 

Section - 4 

Article II - General Powers 

Section - 2 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That it is necessary to 
acquire by purchase or by condemnation the parcel of 
land needed for the Engine Company 33, 19 and Truck 5 
Consolidation Project, the fee simple interest or such 
other interests as the Chief of the Fire Department may 
deem necessary or sufficient in and to all of that piece or 
parcel of land, with improvements thereon, situate in 
Baltimore Qty, State of Maryland, and described as 
follows: 

Beginning for the same at the point formed by the 
intersection of the southeast side of Kirk Avenue, 75 feet 
wide and the southwest side of Twenty-fifth Street, 100 
feet wide, said point of beginning being the beginning of 
the parcel of land conveyed by Harry C. Short to T J.W. 
Corporation by deed of assignment dated September 22, 
1981 and recorded among the Land Records of Baltimore 
Qty in Uber C.W.M., Jr. No. 4111, Folio 171, and 
running thence binding on the southwest side of said 
Twenty-fifth Street, South 73** 09' 30" East 251.96 feet to 
intersect the northwest side of Cecil Avenue, 60 feet wide; 
thence binding on the northwest side of said Cecil 
Avenue, South 38° 54' 30" West 390.56 feet to the 
northeast side of a 15 foot alley laid out parallel with and 
distant 80 feet measured at right angles from the 
northeast side of Bonaparte Avenue, 60 feet wide; thence 
binding on the northeast side of said 15 foot alley and on 
the third line of said deed, there situate. North 54** 29' 
13" West 219.76 feet to intersect the southeast side of 
said Kirk Avenue, and thence binding on the southeast 
side of said Kirk Avenue, North 36° 17' 30" East 309.25 
feet to the place of beginning. 



232 



Ord. No. 355 



Containing 1.827 acres of land, more or less. 

Together with all right, title, interest and estate that 
the owner or owners of said property interests may have 
in all streets, alleys, ways or lanes, pubHc or private, both 
abutting the whole area described and/or contained 
within the perimeter of said area. 

The location and course of said parcel of land needed 
for the Engine Company 33, 19 and Truck 5 

Consolidation Project being shown on a plat thereof ^ 

numbered lll-D-22 prepared by the Survey Control ^ 

Section and filed in the Office of the Director of the ^ 

Department of Public Works on the ninth (9th) day of ")• 

February, 1994. ^ 

SEC. 2. BE IT FURTHER ORDAINED, That the ^ 

Department of Real Estate of Baltimore Qty, or such ^ 

other person or agency as the Board of Estimates may g 

hereafter from time to time designate, is hereby 
authorized to negotiate and acquire on behalf of the 
Mayor and Qty Council of Baltimore, and for the 
purposes described in this ordinance, the fee simple 
interest or such other interests as may be deemed 
necessary or sufficient in and to said piece or parcel of 
land, with the improvements thereon. If the said 
Department of Real Estate or the person or agency 
otherwise provided for by the Board of Estimates under 
the authority of Section 5(a) Article V of the Baltimore 
Qty Charter (1964 Revision, as amended) is or are 
unable to agree with the owner or owners on the 
purchase price of said parcel of land and the 
improvements thereon, it or they shall forthwith notify 
the Qty Solicitor of Baltimore Qty, who shall thereupon 
institute in the name of the Mayor and Qty Council of 
Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interests or such other 
interests as may be deemed necessary or sufficient in and 
to said piece or parcel of land, with the improvements 
thereon, herein described. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
proceedings for the acquisition by condemnation of the 



233 



I 



Ord. No. 356 



property and rights herein described and the rights of all 
parties interested or affected thereby shall be regulated by 
and be in accordance with the provisions of The Real 
Property Article of the Annotated Gxie of Maryland 
(1974), Tide 12; Section 101 Et Seq. and any and all 
amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 356 

(Council BUI No. 814) 

AN ORDINANCE concerning 

BALTIMORE CITY CRITICAL AREA 
MANAGEMENT PROGRAM 

FOR the purpose of amending the Baltimore Qty Critical 
Area Management Program; adding provisions 
relating to habitat protection areas and defining these 
areas; amending certain definitions; providing that 
any disturbance to a Habitat Protection Area 
constitutes significant development; modifying 
language relative to uses prohibited within the Critical 
Area; providing for incorporation of the Critical Area 
Management Program Document; providing for 
approval of this Ordinance by the Critical Area 
Commission; and generally relating to the Baltimore 
Qty Critical Area Management Program. 

BY repealing and reordaining v^th amendments 
Article 26 - Streets and Highways 
Subtitie - Stormwater Management 



234 



Ord. No. 356 



Section 118(5), 118(8), 118(9), 118(20), 118(22), 

118(30), 120(6), 123, 124, 125 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

BY adding 

Article 26 - Street and Highways 
Subtitle - Stormwater Management 
Sections 118(5A), 118(6A), 118(8A), 118(8B), 
118(8Q, 118(18A), 118(32A) ^ 130(7) 

BY repealing and reordaining with amendments .^ 

Article 30 - Zoning ^ 

Chapter 13 - Rules and Definitions ^ 

Section 13.0-2-9A and 13.0-2-87A ^ 

Baltimore Qty Code (1983 Replacement Volume, as ^ 

amended) C 



BY adding 

Article 30 - Zoning 
Chapter 13 - Rules and Definitions 
Section 13.0-2-42.5 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY repealing and reordaining with amendments 
Article 32 - Building Code 
Article 5 - General Building Limitations 
Section 521.2 

Baltimore Qty Building Code (1990 Edition, as 
amended) 

WHEREAS, The Baltimore Qty Critical Area 
Management Program ("the Program") was adopted 
December 4, 1987, as required in Natural Resources 
Article, Title 8, subtitle 18, Annotated Code of Maryland 
(1990 Replacement Volume, 1993 cum. Supp.); and 

WHEREAS, Amendments to the Program are 
necessary to conform the Program to State law and 
regulations, and recent amendments to the State law and 
regulations; and 



235 



^ 



Ord. No. 356 



WHEREAS, In order to fully conform the Program to 
existing State laws and regulations, it is necessary to 
amend various sections of the Baltimore Qty Gxie (1983 
Replacement Volume, as amended) which concern the 
Program, including the Stormwater Management 
provisions of Article 26, the Building Code and the Zoning 
Code; and 

WHEREAS, It is also necessary to amend the Critical 
Area Management Program Document (the "CAMP 
Document"), which sets forth the detailed technical 
requirements of the Program; and 

WHEREAS, Acting on behalf of the Qty of Baltimore, 
the Department of Planning has prepared amendments to 
the Program; and 

WHEREAS, After passage of this Ordinance, as 
required by Resolution No. 107, requiring that any 
regulatory change in the Program first be adopted and 
approved by an ordinance or resolution of the Mayor and 
Qty Council of Baltimore, the Critical Area Commission 
shall review these amendments and approve or 
disapprove them; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 26 - STREETS AND HIGHWAYS 

Stormwater Management 

118. Definitions. 

(5) "Buffer" means any land area within 100 feet of 
[mean high tide of the Baltimore Harbor or tidal 
tributaries] THE MEAN HIGH WATERLINE OF TIDAL 
WATERS OR FROM THE EDGE OF TRIBUTARY STREAMS 
AND TIDAL WETLANDS. FOR PURPOSES OF 
CONFIGURING THE CRITICAL AREA BUFFER, THE 100 



236 



Ord. No. 356 



FEET LANDWARD OF THE MEAN HIGH WATERLINE 
SHALL BE MEASURED AT THE TWO-FOOT CONTOUR 
AS IT EXISTED ON DECEMBER 4, 1987. ALL NEW 
LANDS CREATED AS A RESULT OF FILLING AFTER 
JANUARY 4, 1988 SHALL BECOME ADDITIONAL BUFFER 
AREAS, AND THE BUFFER LINE CONFIGURED BEFORE 
THE FILLING SHALL REMAIN UNCHANGED FOR 
PURPOSES OF DETERMINING BUFFER OFFSET 
REQUIREMENTS. 

(5A) "CAMP DOCUMENr MEANS THE BALTIMORE ^ 

CITY CRITICAL AREA PROGRAM MANUAL WHICH SETS ^ 

FORTH THE TECHNICAL REQUIREMENTS OF THE ^ 

BALTIMORE CITY CRITICAL AREA PROGRAM. W: 

I 

(6A) THE COMMISSIONER OF TRANSPORTATION" C^ 

MEANS THE DIRECTOR OF THE DEPARTMENT OF ^ 

PUBLIC WORKS. ^ 



(8) "Critical Area Management Program" means the 
Baltimore Qty Critical Area Management Program [as 
approved by the Chesapeake Bay Critical Area 
Commission and adopted by Resolution of the Mayor and 
Qty Comicil of Baltimore]. 

(8A) "CRITICAL AREA RESOURCE CONSERVATION 
AREA" MEANS A SUB-AREA OF THE CRITICAL AREA 
DESIGNATED UNDER THE CRITICAL AREA 
MANAGEMENT PROGRAM PURSUANT TO THE 
PROVISIONS OF SECTION 1 OF THE CAMP DOCUMENT 
AS AMENDED FROM TIME TO TIME. 

(8B) "CRITICAL AREA WATERFRONT INDUSTRIAL 
AREA" MEANS A SUB-AREA OF THE CRITICAL AREA 
DESIGNATED UNDER THE CRITICAL AREA 
MANAGEMENT PROGRAM PURSUANT TO THE 
PROVISIONS OF SECTION 1 OF THE CAMP DOCUMENT 
AS AMENDED FROM TIME TO TIME. 

(8Q "CRITICAL AREA WATERFRONT 
REVTTAUZATION AREA" MEANS A SUB-AREA OF THE 
CRITICAL AREA DESIGNATED UNDER THE CRITICAL 
AREA MANAGEMENT PROGRAM PURSUANT TO THE 



237 



I 



Old. No. 356 



PROVISIONS OF SECTION 1 OF THE CAMP DOCUMENT 
AS AMENDED FROM TIME TO TIME. 

(9) "Department" means the Baltimore Gty 
Department of Transportation OR ITS SUCCESSOR 
AGENCY, unless otherwise specified. 

(18A) "HABITAT PROTECTION AREA" MEANS ONE 
OF THE AREAS WITHIN THE CRITICAL AREA 
DESIGNATED IN THE CRITICAL AREA MANAGEMENT 
PROGRAM AS AREAS IN NEED OF SPECLU 
PROTECTION PURSUANT TO THE PROVISIONS OF 
SECTION 1 OF THE CAMP DOCUMENT AS AMENDED 
FROM TIME TO TIME. 

(20) "Manual" means the Department of 
Transportation ['s] Stormwater Management Design 
Manual [and includes the Critical Area Runoff Pollution 
Control Regulations] . 

(22) "Offset fee" is a fee [paid by the applicant to 
compensate for undesirable impacts to water quality. The 
Qty will use the fee for ameliorating area-wide water 
pollution problems. This compensatory fee will be 
imjxjsed for: 

(a) projects in the Critical Area that are eligible 
for a waiver and have a value equal to or greater than 
50% of the assessed value of the property; and 

(b) projects in the Critical Area which have 
received a variance from the stormwater management 
requirements.] IMPOSED ON AN APPUCANT TO 
COMPENSATE FOR SIGNIFICANT DEVELOPMENT IN 
THE CRITICAL AREA WHICH DOES NOT MEET THE 
RUNOFF POLLUTION REDUCTION REQUIREMENTS. 

(30) "Runoff' means the portion of precipitation on 
the land that ultimately reaches [streams] THE WATERS 
OF THE STATE. 

(32A) "SIGNIFICANT DEVELOPMENT MEANS ANY 
DEVELOPMENT WHICH WOULD 



238 



Ord. No. 356 



(D RESULT IN A DISTURBANCE TO 5,000 OR 
MORE SQUARE FEET OF LAND IN THE BUFFER, 

(ID RESULT IN A DISTURBANCE TO 10,000 OR 
MORE SQUARE FEET OF LAND IN THE CRITICAL AREA, 

(IID RESULT IN ANY DISTURBANCE TO LAND 
IN A DESIGNATED HABITAT PROTECTION AREA, 
CAUSED BY USE, DEVELOPMENT OR DESTRUCTION OF 
VEGETATION, OR 

(IV) INVOLVE AN EXPENDITURE FOR ^ 

IMPROVEMENTS TO THE PROPERTY EQUAL TO OR ^ 

GREATER THAN 50% OF THE ASSESSED VALUE OF THE 5^ 

PROPERTY AS CERTIFIED BY THE DEPARTMENT OF ^ 

PLANNING. C^ 

120. STORMWATER MANAGEMENT CRTTERLflL ^ 



(6) Require that all SIGNIFICANT development 
located in the Critical Area » WATERFRQ>nr IhJDUSTRIAL 
AREA OR THE CRITIG^L AREA WATERFRONT 
REVOTx ^i kLIZu ' VTIQN AREA shall, in addition to the above 
requirements, reduce the post-development pollutant 
loading to 90 percent or less of the pre-development 
loading. 

(7) REQUIRE THi\T ALL SIGNIFICA^^^ 
DE\^ELOPME>rr LQCx^TED I^J THE CRmGx\L AREA 
RESOURCE CQNSERVx\TIQN AREA SHALL, IN ADDITION 
TO THE ABOVE REQUIREMENTS, REDUCE THE POST 
DEVELOPME^^^ pollutant LOx^DvJG TO 85 PERCENT 
OR LESS OF THE PPJ; DEVELOPMEhrT LOADI>JG> 

123. EXEMPTIONS. 

The following development activities are exempt from 
the provisions of this subtitle and FROM the requirements 
of providing stormwater management [(quantity and 
quality control)]; PROVIDED, HOWEVER, THAT NO 
SIGNIFICANT DEVELOPMENT IN THE CRITICAL AREA IS 
EXEMPT FROM THE CRITICAL AREA RUNOFF 



239 



I 



Ord. No. 356 



POLLUTION REDUCTION REQUIREMENTS UNDER 
120(6) AND (7) : 

(1) additions or modifications to existing single family 
residential structures, detached garages, sheds, swimming 
pools or similar accessory improvements; or 

(2) construction and/or grading operations, that do 
not disturb over 5,000 square feet of land area, unless 
such construction or grading operations are part of an 
approved subdivision plan v^hich contains provisions for 
stormwater management; or 

(3) residential development consisting of single family 
houses each on a lot of two acres or greater; or 

(4) land development activities which the Water 
Resources Administration determines will be regulated 
imder specific State laws which provide for managing 
stormwater runoff. 

124. Waivers. 

The Commissioner of Transportation, or designee, 
may grant a waiver of any of the stormwater management 
requirements for individual developments, EXCEPT THE 
RUNOFF POLLUTION REDUCTION REQUIREMENTS FOR 
SIGNIFICANT DEVELOPMENT IN THE CRITICAL AREA, 
provided that a written request is submitted to the 
Department of Transportation by the applicant containing 
descriptions, drawings, and any other information that is 
necessary to evaluate the proposed development. A 
separate vmtten waiver request shall be required in 
accordance with the provisions of this section if there are 
subsequent additions, extensions, or modifications to a 
development receiving a waiver. [Eligibility for a waiver 
shall be determined if the applicant can conclusively 
demonstrate that it will not cause an adverse impact on 
the receiving wetlands, water course or waterway] A 
PROPOSED DEVELOPMENT SHALL BE DEEMED TO BE 
ELIGIBLE FOR A WAIVER IF THE APPLICANT CAN 
CONCLUSIVELY DEMONSTRATE THAT THE 
DEVELOPMENT WILL NOT CAUSE AN ADVERSE IMPACT 



240 



Ord. No. 356 



ON THE RECEIVING WETLANDS OR WATER COURSE, 
and that: 

(1) the proposed development shall not generate 
more than a 10 percent increase in the 2-year pre- 
development peak discharge rate; or 

(2) a site is surromided by existing developed 
areas which are served by an existing network of public 
storm drainage systems of adequate capacity to 
accommodate the runoff from the additional 
development; or ^ 

(3) provisions to control direct outfall to ^ 
tidewater are provided when the first inch of rainfall is ^ 
managed according to infiltration standards and ^ 
specifications promulgated by the [Department of C 
Transportation's Stormwater Management Design] 



Manual [;].[ and 

(4) in addition to one of the three requirements 
listed above, an applicant can substantiate by a runoff 
pollution assessment analysis that proposed development 
in the Critical Area will result in a ten percent (10%) or 
greater reduction in existing pollution loadings; or 

(5) in addition to one of the first three 
requirements listed above, an applicant proposes 
development that does not result in a disturbance of more 
than 10,000 square feet in the Critical Area or including 
no more than 5,000 square feet in the Buffer. 

Development which does not result in a disturbance 
to land of 10,000 square feet in the critical area or 5,000 
square feet in the buffer, but does involve an expenditure 
for improvements to the property equal to or greater than 
50% of the assessed value of the property, will be 
required to pay an offset fee regardless of any waiver 
granted for stormwater management requirements. The 
estimated value of the improvements will be certified by 
the Department of Planning.] 

125. VARIANCES. 



241 



<^ 



I 

^ 



Ord. No. 356 



The Commissioner of Transportation, or designee, 
may grant a written variance from any requirements of 
Section 120 (Storrawater Management Criteria) or the 
[Department of Transportation's stormwater design] 
Manual if there are exceptional circumstances applicable 
to the site such that strict adherence to these provisions 
will result in unnecessary hardship and not fulfill the 
intent of this subtitle. A written request for variance shall 
be provided to the Department of Transportation and 
shall state the specific variances sought and reasons for 
their granting. [A developer who is imable to comply with 
the runoff pollution reduction requirements in the Critical 
Area and is granted a variance shall be required to 
contribute an offset fee to the Qty.] The Commissioner of 
Transportation, or designee, shall not grant a variance 
unless and until specific reasons justifying the variance 
are provided by applicant. AN APPLICANT WHO IS 
GRANTED A VARIANCE FROM THE RUNOFF POLLUTION 
REDUCTION REQUIREMENTS OF SUBSECTION (6) OR 
m OF SECTION 120 FOR SIGNIFICANT DEVELOPMENT 
IN THE CRITICAL AREA SHALL PAY AN OFFSET FEE TO 
THE CITY. 

SEC. 2. AND BE IT FURTHER ORDAINED, That 
Section(s) of the Baltimore Qty Code (1983 Replacement 
Voliune, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE 30 - ZONING 

Chapter 3C - Critical Area Overlay and District 

3C.0-1 Use regulations. 

e. Uses listed below [are] MAY BE prohibited 
within he Critical Area, subject to the provisions of 
subsection 3C.0-1-F below. 

1. [Facilities for collection or disposal of 
toxic, hazardous or nutrient materials.] SOLID OR 
HAZARDOUS WASTE COLLECTION OR DISPOSAL 
FACILmES. 



242 



Ord. No. 356 



Qiapter 13 - Rules and Definitions 

13.0-2 Definitions. 

9A. Buffer: any land within 100 feet of [mean high 
tide of the Baltimore Harbor or tidal tributaries.] THE 
MEAN HIGH WATERLINE OF TIDAL STREAMS, 
TRIBUTARY STREAMS AND TIDAL WETLANDS. FOR 
PURPOSES OF CONFIGURING THE CRITICAL AREA 
BUFFER, THE 100 FEET LANDWARD OF THE MEAN 

HIGH WATERLINE SHALL BE MEASURED AT THE TWO- ^ 

FOOT CONTOUR AS IT EXISTED ON DECEMBER 4, -^ 

1987. ALL NEW LANDS CREATED AS A RESULT OF ^ 

FILLING AFTER JANUARY 4, 1988 SHALL BECOME ^ 

ADDITIONAL BUFFER AREAS, AND THE BUFFER LINE ^ 

CONFIGURED BEFORE THE FILLING SHALL REMAIN ^ 

UNCHANGED FOR PURPOSES OF DETERMINING ^ 

BUFFER OFFSET REQUIREMENTS. ^ 

42.5 HABITAT PROTECTION AREA: ONE OF THE f 

AREAS WITHIN THE CRITICAL AREA DESIGNATED IN \ 

THE CRITICAL AREA MANAGEMENT PROGRAM AS ? 

AREAS IN NEED OF SPECL^L PROTECTION PURSUANT ^ 
TO THE PROVISIONS OF SECTION 1 OF THE CAMP 
DOCUMENT AS AMENDED FROM TIME TO TIME. 

87A. Significant development: [any development 
which would (i) meet or exceed 50% of the assessed 
value of the property, or (ii) result in a disturbance to 
land in the Buffer by 5,000 square feet, or (iii) result in a 
disturbance to land within the Critical Area by 10,000 
square feet.] ANY DEVELOPMENT WHICH WOULD (D 
RESULT IN A DISTURBANCE TO 5,000 OR MORE 
SQUARE FEET OF LAND IN THE BUFFER, OR (ID 
RESULT IN A DISTURBANCE TO 10,000 OR MORE 
SQUARE FEET OF LAND IN THE CRITICAL AREA, OR 
(IID RESULT IN ANY DISTURBANCE CAUSED BY USE, 
DEVELOPMENT OR DESTRUCTION OF VEGETATION, TO 
LAND IN A DESIGNATED HABITAT PROTECTION AREA, 
OR (IV) INVOLVE AN EXPENDITURE FOR 
IMPROVEMENTS TO THE PROPERTY EQUAL TO OR 
GREATER THAN 50% OF THE ASSESSED VALUE OF THE 



243 



Ord. No. 356 



PROPERTY AS CERTIFIED BY THE DEPARTMENT OF 
PLANNING. 

SEC. 3. AND BE IT FURTHER ORDAINED, That 
Section(s) of the Baltimore Qty Bmlding Code (1990 
Edition, as amended) be added, repealed, or amended, to 
read as follows: 

ARTICLE - BUILDING CODE 

ARTICLE 5 - GENERAL BUILDING LIMITATIONS 

SECTION 521.0 CHESAPEAKE BAY 
CRITICAL AREA DEVELOPMENT 

521.2 Development requirements AND ENFORCEMENT: 
Any person who conducts development activity, including 
construction, reconstruction, rehabilitation, razing, 
alteration or expansion of buildings or structures, filling, 
dredging, mining, storing materials, excavation, clearing, 
grading, paving, or improvement of land within the 
Baltimore Qty Critical Area or the buffer therein shall 
comply with the applicable development requirements 
specified in [Section III and other] THE CRITICAL AREA 
PROGRAM DOCUMENT (the "CAMP DOCUMENT) 
WHICH SETS FORTH SPECIFIC TECHNICAL 
REQUIREMENTS OF THE PROGRAM AS AMENDED 
FROM TIME TO TIME, [provisions of the Critical Area 
Management Program.] Any violation OF THE 
REQUIREMENTS OF THE CAMP DOCUMENT [thereof] is 
a violation of this code, subject to the penalties specified 
in Section 117.4. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
Critical Area Management Program Document, 1994 
Revision, (the "CAMP DOCUMENT") is attached hereto 
and incorporated by reference and adopted as a part of 
this Ordinance and as a part of the Program. 

SEC. 5. AND BE IT FURTHER ORDAINED, That each 
Section of this Ordinance is subject to review by the 
Chesapeake Bay Critical Areas Commission for a period as 



244 



Ord. No. 357 



defined in the Natural Resources Article, Section 8-1809, 
1990 Replacement Volume, 1993 Cumulative 
Supplement), and each Section of this Ordinance shall be 
enforceable after the date of its approval by the 
Commission pursuant to Section 18-1809 of the Natural 
Resources Article. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 ^ 

KURT L. SCHMOKE, Mayor ^ 

I 

CITY OF BALTIMORE ^ 

ORDINANCE NO. 357 ^ 

(CouncU BUI No. 816) S 

AN ORDINANCE concerning ^ 

I 

FRANCHISE - BRIDGEWAY OVER LAKE AVENUE ^ 

FOR the purpose of granting permission and authority to 
Boys' Latin School to construct, use and maintain a 
bridgeway above and across Lake Avenue the center 
of such bridge to be located 163 feet southeast of the 
centerline intersection of Lakehurst Avenue and Lake 
Avenue and being a minimum of 16 feet above Lake 
Avenue. 

BY authority of 

Article VIII - Franchises 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission and 
authority are hereby granted to Boys Latin School, its 
tenants, successors, and assigns, hereinafter referred to as 
the "Grantee" to construct, use, and maintain, at its own 
cost and expense, for a period not to exceed Twenty-five 



245 



Ord. No. 357 



(25) years, for the purpose of providing a bridgeway 
which shall connect the north and south campuses of 
Boys' Latin School above and across Lake Avenue, as 
herein after more particularly described: 

The Boy's Latin School is located at 822 West Lake 
Avenue between Falls Road and Roland Avenue. The 
School proposes to construct a new pedestrian bridge 
across Lake Avenue, measuring approximately S'-O" wide 
by 150'-0" long, with a minimum vertical clearance of 16*- 
0" over the roadway. Approximately 45 feet of the 
bridgeway will cross over the roadway. Lake Avenue 
currently bisects the school campus with the Upper School 
located on the north side of Lake Avenue and the Lower 
and Middle Schools on the south side. The purpose of 
the bridge is to increase safety for the students, who must 
daily cross Lake Avenue, which is a busy secondary road. 
The bridge will be a three-span, curved concrete slab 
supported by concrete piers with framed concrete stairs at 
each end. The centerline location of the bridge is 
approximately 163 feet southeast of the centerline 
intersection of Lakehurst Avenue and Lake Avenue. The 
bridge will transverse Lake Avenue at approximately a 
right angle to the roadway. All piers supporting the 
bridge will be constructed out of the public right-of-way 
for Lake Avenue. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
franchise or right granted by this ordinance shall be 
executed and enjoyed within six (6) months after the 
grant. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall pay to the 
Mayor and Qty Council of Baltimore, as compensation for 
the franchise or privilege hereby granted, the sum of 
$2025 per year, payable in advance during the 
continuance of this franchise or privilege, or any renewal 
thereof; and subject to the increase or decrease of this 
charge as provided in Section 4 herein. 

SEC. 4. AND BE IT FURTHER ORDAINED, That the 
Mayor and Qty Council of Baltimore hereby expressly 



246 



I 



Ord. No. 357 



reserves that right and power, at all times, to exercise, in 

the interest of the pubUc, full municipal superintendence, 

regulation, and control in respect to all matters connected 

with this grant and not inconsistent with the terms 

thereof. The franchise herein granted shall be held, 

exercised, and enjoyed for a period of one year from the 

effective date of this ordinance, with the further right to 

the Grantee to twenty-four (24) consecutive one-year 

renewals of the franchise, each such renewal to be for a 

period of one year, upon the same terms and conditions 

as the original one year grant, except as otherwise ^ 

provided herein. Each one year renewal period shall take -^ 

effect immediately upon the expiration of the original or ^ 

renewal term then in force, without any action being ^ 

taken on behalf of either the Mayor and Gty Coimcil of ^ 

Baltimore or the Grantee, by the total period of time ^ 

during which the franchise shall operate, including the C^ 

original term and all renewals thereof, shall not exceed, ^ 

in the aggregate twenty-five years. Provided, that the S 

Mayor and Qty Council of Baltimore, acting by and < 

through the Board of Estimates, may increase or decrease ( 

the franchise charge payable by the Grantee under the \ 

provisions hereof, by giving written notice to that effect to ' 

the Grantee at least one hundred and fifty (150) days 

prior to the expiration of the original one year term, 

granted herein, or any yearly renewal term herein granted 

and then in effect; any such increase or decrease of said 

franchise charge to be operative as to all yearly renewal 

terms herein granted which become effective after any 

increase or decrease in said franchise charge has 

occurred. Provided further, that either the Mayor and 

Qty Council of Baltimore, acting by and through the 

Director of Public Works, or the Grantee may terminate 

the franchise granted herein, by giving written notice to 

that effect to the other, at least ninety (90) days prior to 

the expiration of the original one year term granted 

herein or any one year renewal term herein granted and 

then in effect. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
structures for which the franchise is herein granted shall 
be maintained in compliance with all applicable laws and 
regulations of Baltimore Gty. The maintenance of the 



247 



Ord. No. 357 



structures for which the franchise is herein granted shall 
be under the supervision of the Grantee and shall be at all 
times hereafter subject to the regulation and control of 
the Commissioner of the Department of Housing and 
Community Development and the Director of the 
Department of Public Works. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
said Grantee shall maintain the structures for which the 
franchise is herein granted in good condition throughout 
the full term of this grant, so long as they exist at the 
location described herein. In the event the said structures 
for which the franchise is herein granted must be 
readjusted, relocated, protected, or supported to 
accommodate a public improvement, the Grantee shall 
pay all costs in connection therewith. 

SEC. 7. AND BE IT FURTHER ORDAINED, That 

noncompliance by the Grantee with any of the terms or 
conditions of the grant hereby made shall, at the option 
of the Mayor and Qty Council of Baltimore, operate as a 
forfeiture of said grant, which shall thereupon be and 
become void, and that nothing other than an ordinance of 
the Mayor and Qty Council of Baltimore shall operate as 
a waiver of any forfeiture of the grant hereby made. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
Mayor of Baltimore Qty shall have the right to revoke 
without prior notice, at any time or times, the rights and 
privileges hereby granted when, in the Mayor's judgment, 
the public interest, welfare, safety, or convenience 
requires such revocation and, upon written notice to that 
effect from the Mayor of Baltimore served upon the 
Grantee hereunder, its successors and assigns, all rights 
under this ordinance shall cease and terminate. 

SEC. 9. AND BE IT FURTHER ORDAINED, That in 
the event of any revocation, forfeiture, or termination for 
any reason whatsoever of the rights and privileges by this 
ordinance granted, the said Grantee hereunder, its 
successors and assigns, shall at its or their expense, 
remove the structures for which the franchise is herein 
granted in a manner satisfactory to the Commissioner, 



248 



Ord. No. 358 



Department of Housing and Q)mmunity Development, 
and the Director of Public Works of Baltimore Qty, such 
removal to be made without any compensation to the 
Grantee, its successors and assigns, and to be completed 
within such time as shall be specified in writing by the 
said Director of Public Works. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
said Grantee, its successors and assigns, shall be liable for 
and shall indemnify and save harmless the Mayor and 

Qty Council of Baltimore against any and all suits, losses, ^ 

costs, claims, damages, or expenses to which the said ^ 

Mayor and Qty Council of Baltimore shall from time to y; 

time be subjected on account of, or in any way resulting v". 

from: ^ 

a. The presence, construction, use, operation, ^ 

maintenance, alteration, repair, location, relocation, or ^ 

removal of the structures for which the franchise is herein ^ 



granted; and 

b. Any failure on the part of said Grantee, its 
successors and assigns, to perform, promptly and 
properly, any of the duties or obligations imposed upon it 
or them by the terms and provisions of this ordinance. 

SEC. 11. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 358 
(CouncU Bill No. 817) 
AN ORDINANCE concerning 

BUILDING CODE - VACANT HOUSE RECEIVER 



249 



I 



Ord. No. 358 



FOR the purpose of providing that a receiver may be 
designated to rehabilitate any vacant building 
containing one or more dwelling units; providing that 
the receiver is required to advertise only prior to a 
sale; authorizing the court to award attorney's fees to 
the petitioner; and relating generally to vacant 
building receiverships. 

BY repealing and reordaining with amendments 
Article 32 - Building Code 

Section 123.6, 123.6.3, 123.6.5, 123.6.6, 123.6.7 
Baltimore Qty Building Code (1990 Edition, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore City Building Code (1990 Edition, as amended) 
be added, repealed, or amended, to read as follows: 

ARTICLE 32 - BUILDING CODE 

Section 123.0 General Requirements for Routine and 
Procedure 

123.6 Vacant [House] BUILDING Receiver: If an owner 
fails to comply with a notice and order to rehabilitate a 
vacant [dwelling] BUILDING CONTAINING ONE OR 
MORE DWELLING UNITS as described in Section 120.0, 
the building official or a person designated by the 
building official may petition an appropriate court for 
appointment of a receiver to rehabilitate the property or 
to sell it to a qualified transferee. 

123.6.3 Appointment of owner in lieu of receiver: 

1. In lieu of appointing a receiver to 

rehabilitate or sell a vacant [dwelling] 
BUILDING, the court may permit an owner, 
mortgagee, or other person with an interest 
in the property to rehabilitate it, if that 
person (a) demonstrates ability to complete 
the rehabilitation within a reasonable time, 
(b) agrees to comply with a specified 



250 



Ord. No. 358 



schedule for rehabilitation, and (c) posts 
bond as security for performance of the 
required work in compliance with the 
specified schedule. 

2. If it appears to the building official or his 
designee that the person permitted to do 
the required rehabilitation is not proceeding 
with due diligence or in compliance with 
the court-ordered schedule, he may apply to 

the court for immediate dismissal of the ^ 

owner and appointment of a receiver. The ^ 

bond posted under paragraph 1(c) above, ^ 

shall be applied to die receiver's \f, 

rehabilitation expenses. ^ 

123.6.5 Power of receiver: ^ 

1. A receiver appointed to rehabilitate a ^ 
vacant [dwelling] BUILDING, in addition to ^ 
all necessary and customary powers, has ^ 
the right of possession with authority (a) to 2 
contract for necessary labor and supplies for ^ 
rehabilitation, (b) to borrow money for 

rehabilitation from an approved lending 
institution or through a government agency 
or program, using his lien against the 
property as security, (c) to manage the 
property after rehabilitation for a period of 
up to 2 years with all the powers of a 
landlord, and to apply the proceeds of 
rental to current operating expenses and to 
repayment of outstanding rehabilitation 
expenses, and/or (d) to foreclose on his lien 
or to accept a deed in lieu of foreclosure. 

2. A receiver app)ointed to sell a vacant 
[dwelling] BUILDING, in addition to all 
necessary and customary powers, has 
authority to sell the prop)erty to the high 
bidder at public auction und e r th e sam e 
notico OF SALE provicionrcl FOLLOWING 
THE SAME PRE-SALE NOTICE PROVISIONS 



251 



Ord. No. 358 



applicable to a foreclosure, or, in the 
alternative, to sell the property privately for 
fair market value if the owner, including a 
mortgagee, agrees to the amount and 
procedure. [The transferee in either a 
public or a private sale must first] IN THE 
NOTICE OF SALE IT SHALL BE 
SUFFICIENT TO DESCRIBE THE PROPERTY 
BY A STREET ADDRESS AND REFERENCE 
TO THE LIBER AND FOLIO NUMBER OF 
THE TITLE DEED RECORDED IN THE 
LAND RECORDS OF BALTIMORE CITY. 
THE BIDDERS IN A PUBLIC SALE OR THE 
TRANSFEREE IN A PRIVATE SALE MUST, 
PRIOR TO SALE, demonstrate the necessary 
ability and experience to rehabilitate the 
subject property within a reasonable time. 
The receiver also has authority to apply the 
proceeds of sale to the liens against the 
property in order of priority, after 
deducting the expenses of the sale. 

123.6.6 Termination of appointment. 

1. The tenure of a receiver shall be no longer 
than 2 years following rehabiHtation. 

2. At any time following rehabilitation, an 
owner, including a mortgagee, may file a 
motion to dismiss the receiver upon 
payment of the receiver's outstanding costs, 
fees and expenses. 

3. At the end of his tenure, the receiver shall 
file a final accoimting v^th the court and 
any costs, fees, INCLUDING ATTORNEYS 
FEES, and expenses that are still 
outstanding shall be a lien against the 
property under Section 124.0. 

4. THE COURT Mi\Y AWARD ATTQR>JErS 
FEES TO THE PETmONER. PLAINTIFF 



252 



Ord. No. 359 



MAY REQUEST THE COURT TO AWARD 
REASONABLE ATTORNEY'S FEES. 

123.6.7. Receiver liens and foreclosure. 

1. A receiver lien for the outstanding costs, fees, 
INCLUDING ATTORNEYS FEES, and 
expenses of rehabilitation has priority over all 
liens except taxes and other government 
assessments. 

2. A receiver may foreclose on his lien by a sale .^ 
of the property at public auction following ^ 
ONE public notice and notice to interested X 
parties in the manner of a mortgage ^ 
foreclosure. After deducting the expenses of ^ 
sale, the receiver shall apply the proceeds to ^ 
the liens against the property in order of 
priority. In lieu of foreclosure, an owner may 
pay the receiver's costs, fees, INCLUDING 
ATTORNEYS FEES, and expenses or may 
transfer all ownership in the property to 
either the receiver or an agreed-up)on third 
party for an amount agreed to be fair market 
value. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 359 
(Council Bill No. 857) 



>< 



253 



Ord. No. 359 

AN ORDINANCE concerning 

REZONING - 1201 W. NORTH AVENUE 

FOR the purpose of changing the zoning for the property 
known as 1201 W. North Avenue from the B-2-3 and 
R-9 Zoning Districts to the B-3-3 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 44 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 44 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the B-2-3 Zoning District, as outlined in red on the plat 
accompanying this ordinance, and the R-9 Zoning District, 
as outlined in blue on the plat accompanying this 
ordinance, to the B-3-3 Zoning District the property 
known as 1201 W. North Avenue. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the follovmig: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 



254 



t 



Ord. No. 360 



Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 360 
(CouncU Bill No. 858) 



AN ORDINANCE concerning ^ 

ZONING - APPROVAL FOR CONDITIONAL USE A 

DRIVE-IN RESTAURANT WITH 2 DRIVE-THROUGH ^ 

WINDOWS - 1201 W. NORTH AVENUE ^ 



^ 
^ 



^ 



FOR the purpose of granting permission for the C 

establishment, maintenance and operation of a drive- 
in restaurant v^th 2 drive-through windov^s and 
accessory outdoor table service on the property 
known as 1201 W. North Avenue, as outlined in red 
on the plats accompanying this ordinance , subject to 
certain conditions . 

BY authority of 

Article 30 - Zoning 
Sections 6.3-ld-3 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE rr ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of a drive-in restaurant with 2 drive-through 
windows and accessory outdoor table service on the 
property known as 1201 W. North Avenue, as outlined in 
red on the plats accompanying this ordinance, under the 
provisions of Sections 6.3-ld-3 and 11.0-6d of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, 
as amended) titled ''Zoning"r , subject to the following 
conditions: 



255 



Ord. No. 360 



(1) security personnel shall be on site at all 
times the restaurant is in operation, for the 
purpose of discouraging loitering and to 
promptly address other security issues; however, 
security personnel shall be provided during the 
hours the restaurant is not in operation, if 
loitering occurs during those hours; 

(2) the management of the restaurant shall 
make sure that the exterior premises of the site 
are monitored and cleaned frequendy and are 
maintained in a clean and sanitary manner; and 

(3) prior to commencement of construction, the 
final plans for the drive-in restaurant must be 
reviewed and approved by the Planning 
Department. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
City Coimcil shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



256 



Ord. No. 361 



CITY OF BALTIMORE 

ORDINANCE NO. 361 

(Council Bill No. 859) 

AN ORDINANCE concerning 

URBAN RENEWAL - DRUID HEIGHTS - 
AMENDMENT NO. 4 

FOR the purpose of amending the Urban Renewal Plan ^ 

for the Druid Heights Urban Renewal District to, ^ 

among other things, provide for the addition of drive- ^ 

in restaurants with drive-through window(s), ^ 

accessory outdoor table seating, and specified ^ 

restaurant signage as land uses permitted by the Plan C 

within that property known as 1201 W. North ^ 

Avenue, a property classified or to be classified 2 

Community Commercial area, located within the 1200 ^ 

W. North Avenue Business District; provide for the ^ 

standards applicable to such restaurant signage; ^ 

revise certain Exhibits attached to the Urban Renewal ^ 

Plan to reflect the changes provided herein; waive 
such requirements, if any, as to content or procedure 
for the preparation, adoption, and approval of 
renewal plans as set forth in Article 13 of the 
Baltimore Qty Code which the amended Plan may not 
meet; provide for the severability of the various parts 
and provisions of this ordinance; provide that where 
the provisions of this ordinance shall conflict with any 
other ordinance in force in the Qty of Baltimore, the 
provision which estabUshes the higher standard shall 
prevail; and provide for an effective date hereof. 

WHEREAS, An Urban Renewal Plan for the Druid 
Heights Urban Renewal Area was approved by the Mayor 
and Gty Council of Baltimore by Ordinance No. 376, 
dated June 28, 1977, and amended by Ordinance No. 
696, dated April 17, 1978 , Ordinance No. 1027, dated 
May 24, 1979 ,and Ordinance No. 281, dated February 
13, 1985; and 



257 



Ord. No. 361 



WHEREAS, Pursuant to Article 13 of the Baltimore 
City Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 
renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of a renewal plan; and 

WHEREAS, In accordance vydth the provisions of 
Section 25(h) of said Article 13, when a Councilmember 
initiates an amendment to an existing renewal plan, such 
bill shall be sent to the Department of Housing and 
Community Development and to the Planning 
Commission for recommendation and report; now, 
therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the amended Urban 
Renewal Plan for Druid Heights, identified as "Urban 
Renewal Plan, Druid Heights, revised to include 
Amendment No. 4, dated May 15, 1994", having been 
duly reviewed and considered, is hereby approved and the 
Clerk of the Qty Council is hereby directed to file a copy 
of said amended Urban Renewal Plan with the 
Department of Legislative Reference as a permanent 
public record and to make the same available for public 
inspection and information. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
following changes in the plan are hereby approved: 

(1) On page 2 of the Plan, in Section B, at the 
end of paragraph B.l.b., add the following: 

"Community Commercial uses for the parcel 
knovm as 1201 W. North Avenue, a property 
zoned or to be zoned B-3 Community 
Commercial, located within the 1200 W. North 
Avenue Business District, which Business District 
is further specified in Appendix B hereof, shall 
also include: (i) "Restaurants, drive-in", with 
drive-through windows, if approved by the 
Mayor and Qty Council pursuant to Article 30, 



258 



Ord. No. 361 



Sections 6.3 3.d.3 6.3-l.d.3 and 11.0-6.d, 

Baltimore Qty Code (1983 Replacement Volume, 

as amended); (ii) "Outdoor table service where 

accessory to a restaurant use", if approved by the 

Baltimore Qty Board of Municipal and Zoning 

Appeals pursuant to Article 30, Sections 6.3-1. c. 

and 6-2-l.c.4b, Baltimore Qty Code (1983 

Replacement Volume, as amended); and (iii), 

notwithstanding any other provision of this Plan 

to the contrary, restaurant signage as generally 

permitted for B-3 zoning districts by Article 30, ^ 

Baltimore Qty Code (1983 Replacement Volume, ^ 

as amended). Sections 10.0-1 and 10.0-3." A 

(2) On page 13, "Appendix B" of the Plan, ^ 

"1200 W. North Avenue Business District Properties and ^ 

Exterior Rehabilitation Standards", in Section g. Signs, C 
after paragraph (9), add the following new paragraph 



g.(lO): 

(10) "Notwithstanding any other provision 
of this Plan to the contrary, the standards 
for restaurant signage within B-3 
Community Commercial zoned properties 
located at 1201 W. North Avenue, a 
property within the 1200 W. North Avenue 
Business area, shall be as generally 
permitted for B-3 zoning districts by Article 
30, Baltimore Qty Code (1983 Replacement 
Volume, as amended). Sections 10.0-1 and 
10.0-3." 

(3) Delete Exhibits 1 (Land Use Plan) and 4 
(Zoning Districts), and insert in lieu thereof the new 
Exhibits 1 (Land Use Plan) and 4 (Zoning Districts), all as 
revised through June 20, 1994, to reflect the new B-3 
Community Commercial Zoning Qassification of the 
property known as 1201 W. North Avenue. 

SEC. 3. AND BE IT FURTHER ORDAINED, That in 
whatever respect, if any, the said amended Urban 
Renewal Plan approved hereby for Druid Heights may not 
meet the requirements as to the content of a renewal plan 



259 



^ 



i 



Old. No. 361 



or the procedures for the preparation, adoption, and 
approval of renewal plans, as provided in Article 13 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended), the said requirements are hereby waived and 
the amended Urban Renewal Plan approved hereby is 
exempted therefrom. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in the 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circumstances shall not be affected thereby, the Mayor 
and Qty Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are foimd to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
of the public health and safety shall prevail. In any case 
where a provision of this ordinance is foimd to be in 
conflict with an existing provision of any other ordinance 
or code or regulation in force in the Qty of Baltimore 
which establishes a lower standard for the promotion and 
protection of the public health and safety, the provision of 
this ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regulation is 
hereby repealed to the extent that it may be found in 
conflict with this ordinance. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



260 



( 



Ord. No. 362 

CITY OF BALTIMORE 

ORDINANCE NO. 362 

(Council Bill No. 863) 

AN ORDINANCE concerning 

REZONING - 1241-1255 ORLEANS STREET AND 
300-312 N. CENTRAL AVENUE 

FOR the purpose of changing the zoning for the ^f, 

properties known as 1241-1255 Orleans Street and ^ 

300-312 N. Central Avenue , and the bed of Lewis Cc 

Street from the R-9 Zoning District to the &-3- aB-3-2 ^ 

Zoning District. ^ 






BY amending Zoning District Maps 

Sheet No. 56 ^ 

Article 30 - Zonmg ^ 

Baltimore Qty Code (1983 Replacement Voltune, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 56 of the 
Zoning District Maps of Article 30-Zoning of the Baltimore 
aty Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the R-9 Zoning District to the &-3- 4B-3-2 Zoning District 
the properties known as 1241-1255 Orleans Street and 
300-312 N. Central Avenue , and the bed of Lewis Street, 
as outlined in red on the plat accompanying this 
ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Coimcil, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 

261 



Ord. No. 363 



Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 363 

(Council BUI No. 864) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

DRIVE-IN RESTAURANT WITH 2 DRIVE-THROUGH 

WINDOWS - 1241-1255 ORLEANS STREET AND 

300-312 N. CENTRAL AVENUE 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of a drive- 
in restaurant v^th 2 drive- through windows and 
accessory outdoor table service on the properties 
known as 1241-1255 Orleans Street and 300-312 N. 
Central Avenue, and the bed of Lewis Street, as 
outlined in red on the plats accompanying this 
ordinance , subject to the condition that final desisnis 
for site plan, landscaping and screening, and signage 
must have Planning Department approval . 

BY authority of 

Article 30 - Zoning 

Sections 6.3-ld-3 and 11.0-6d 

Baltimore Qty Code (1983 Replacement Volume, as 

amended) 



262 



Ord. No. 364 



SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of a drive-in restaurant with 2 drive-through 
windows and accessory outdoor table service on the 
properties known as 1241-1255 Orleans Street and 300- 
312 N. Central Avenue, and the bed of Lewis Street, as 
outlined in red on the plats accompanying this ordinance, 
under the provisions of Sections 6.3-ld-3 and 11.0-6d of 
Article 30 of the Baltimore Qty Code (1983 Replacement 

Volume, as amended) titled "Zoning" , subject to the ^ 

condition that final designs for site plan, landscaping and ^ 

screening, and signage must have Planning Department ^ 

approval . X 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon ^ 

passage of this ordinance by the City Council, as evidence ^ 

of the authenticity of the plat which is a part hereof and 

in order to give notice to the departments which are ^ 

administering the Zoning Ordinance, the President of the '^ 

Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Commimity Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 364 
(Council Bill, No. 865) 

263 






I 



Ord. No. 364 



AN ORDINANCE concerning 

URBAN RENEWAL - OLDTOWN - 
AMENDMENT NO. 6 

FOR the purpose of amending the Urban Renewal Plan 
for the Oldtown Urban Renewal District to, among 
other things, provide for the reclassification to Tletail 
Commerdal" of Disposition Lot 29, that parcel 
bounded by Orleans Street, N. Central Avenue, 
Mullikin Street and Lewis Street and known as 1241- 
1255 Orleans Street and 300-312 N. Central Avenue, 
and, within such area, add drive-in restaurants with 
drive-through window(s), accessory outdoor table 
seating, and specified restaurant signage as land uses 
permitted by the Plan; provide for the standards 
applicable to such restaurant signage; exclude such 
area from a prior prohibition against access to and 
from Orleans Street; revise certain Exhibits attached 
to the Urban Renewal Plan to reflect the changes 
provided herein; waive such requirements, if any, as 
to content or procedure for the preparation, adoption, 
and approval of renewal plans as set forth in Article 
13 of the Baltimore Qty Code which the amended 
Plan may not meet; provide for the severability of the 
various parts and provisions of this ordinance; 
provide that where the provisions of this ordinance 
shall conflict with any other ordinance in force in the 
Qty of Baltimore, the provision which establishes the 
higher standard shall prevail; and provide for an 
effective date hereof. 

WHEREAS, An Urban Renewal Plan for the Oldtown 
Urban Renewal Area was approved by the Mayor and Qty 
Council of Baltimore by Ordinance No. 6, dated April 7, 
1970, and amended by action of the Board of Estimates, 
dated May 26, 1971, Ordinance No. 84, dated June 15, 
1972, Ordinance No. 879, dated June 5, 1975, and by 
action of the Board of Estimates, dated May 5, 1976; and 

WHEREAS, Pursuant to Article 13 of the Baltimore 
Qty Code (1983 Replacement Volume, as amended), no 
substantial change or changes shall be made in any 



264 



Ord. No. 364 



renewal plan, after approval by ordinance, without such 
change or changes first being adopted and approved in 
the same manner as set forth in said Article 13 for the 
approval of an urban renewal plan; and 

WHEREAS, In accordance with the provisions of 
Section 25 (h) of said Article 13, when a Councilmember 
initiates an amendment to an existing renewal plan, such 
bill shall be sent to the Department of Housing and 
Community Development and to the Plaiming 

Commission for recommendation and report; now, ^ 

therefore ^ 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND >ic 

CITY COUNCIL OF BALTIMORE, That the amended Urban ^ 

Renewal Plan for Oldtown, identified as "Urban Renewal ^ 

Plan, Oldtown, revised to include Amendment No. 6, C 

dated May 15, 1994", having been duly reviewed and ^ 

considered, is hereby approved and the Qerk of the Qty ^ 
Council is hereby directed to file a copy of said amended ^ 

Urban Renewal Plan with the Department of Legislative j^ 

Reference as a permanent public record and to make the ^ 

same available for public inspection and information. ^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
follovmig changes in the plan are hereby approved: 

(1) On page 4 of the Plan, at the end of Section 
C.2.a(2)(b), add the following: 

"Upon its rezoning to B-3 Community 
Commercial by separate ordinance, and subject 
to Planning Department approval of final designs 
for signage, landscaping and screening and site 
access, the following additional uses shall be 
permitted on Disposition Lot 29, that parcel 
bounded by Orleans Street, N. Central Avenue, 
Mullikin Street and Lewis Street, known as 
1241-1255 Orleans Street and 300-312 N. 
Central Avenue, reclassified herein as "Retail 
Commercial": (i) "Restaurants, drive-in", with 
drive-through windows, if approved by the 
Mayor and Qty Council pursuant to Article 30, 



265 



Ord. No. 364 



Sections 6.3 2>d.3 6.3-l.d.3 and 11.0-6.d, 
Baltimore Qty Code (1983 Replacement Volume, 
as amended); (ii) "Outdoor table service where 
accessory to a restaurant use", if approved by the 
Baltimore Qty Board of Municipal and Zoning 
Appeals pursuant to Article 30, Sections 6.3-1. c. 
and 6-2-l.c.4b, Baltimore Qty Code (1983 
Replacement Volume, as amended); and (iii), 
notwithstanding any other provision of this Plan 
to the contrary, restaurant signage as generally 
permitted for B-3 zoning districts by Article 30, 
Baltimore City Code (1983 Replacement Volume, 
as amended), Sections 10.0-1 and 10.0-3." 

(2) On page 10 of the Plan, in Section C.2.b.(2)(a), 
in paragraph C.2.b.(2)(a)(vi), delete the word "29" from 
the first sentence thereof, thereby excluding Disposition 
Lot 29, known as 1241-1255 Orleans Street and 300-312 
N. Central Avenue, from the prohibition set forth therein. 

(3) On page 10 of the Plan, at the end of Section 
C.2.b(2)(a)(viii), add the following: 

"Notwithstanding any other provision of this Plan 
to the contrary, the standards for restaurant 
signage within Disposition Lot 29, that parcel 
bounded by Orleans Street, N. Central Avenue, 
Mullikin Street and Lewis Street, known as 
1241-1255 Orleans Street and 300-312 N. 
Central Avenue, reclassified herein as "Retail 
Commercial", shall be as generally permitted for 
B-3 zoning districts by Article 30, Baltimore Qty 
Code (1983 Replacement Volume, as amended), 
Sections 10.0-1 and 10.0-3 , subject to Planning 
Department approval of final designs for signage, 
landscaping and screening and site access . 

(4) On page 10 of the Plan, at the end of Section 
C.2.b(2)(a)(ix), add the following: 

"The immediately foregoing restriction shall not 
apply to Disposition Lot 29, that parcel bounded 
by Orleans Street, N. Central Avenue, Mullikin 



266 



Ord. No. 364 



Street and Lewis Street, and known as 1241- 
1255 Orleans Street and 300-312 N. Central 
Avenue." 

(5) On page 24 of the Plan, after Section 
D.2.c.(l)(g)(x), add new Section D.2.c.(l)(g)(xi) as 
follows: 

(xi) "Notwithstanding any other provision of this 
Plan to the contrary, the standards for 

restaurant signage within Disposition Lot ^ 

29, that parcel bounded by Orleans Street, ^> 
N. Central Avenue, Mullikin Street and ^ 
Lewis Street, and known as 1241-1255 "f: 
Orleans Street and 300-312 N. Central ^ 
Avenue, reclassified herein as "Retail ^ 
Commercial", shall be as generally ^ 
permitted for B-3 zoning districts by Article ^ 

30, Baltimore Qty Code (1983 Replacement g 
Volume, as amended). Sections 10.0-1 and ^ 
10.0-3 , subject to Planning Department (^ 
approval of final designs for signage, 
landscaping and screening and site access . 

(6) Delete Exhibit 2, and insert in lieu thereof the 
new Exhibit 2 , as revised through June 20, 1994, thereby 
accurately reflecting on the "Land Use Plan" the 
reclassification to "Retail Commercial" of Disposition Lot 
29, that parcel bounded by Orleans Street, N. Central 
Avenue, Mullikin Street and Lewis Street and known as 
1241-1255 Orleans Street and 300-312 N. Central 
Avenue. 

(7) Delete Exhibit 4 and insert in lieu thereof the 
new Exhibit 4, as revised through June 20, 1994, thereby 
accurately reflecting on the "Land Disposition" exhibit the 
reclassification to "Retail Commercial" of Disposition Lot 
29, that parcel bounded by Orleans Street, N. Central 
Avenue, Mullikin Street and Lewis Street and known as 
1241-1255 Orleans Street and 300-312 N. Central 
Avenue. 



267 



I 



L 



Ord. No. 364 



(8) Delete Exhibit 5 and insert in lieu thereof the 
new Exhibit 5, as revised through June 20, 1994, thereby 
accurately reflecting on the "Zoning Districts" exhibit the 
reclassification to "Retail Commercial" and reclassification, 
by separate ordinance, to B-3 Community Commercial, of 
Disposition Lot 29, that parcel bounded by Orleans Street, 
N. Central Avenue, Mullikin Street and Lewis Street and 
known as 1241-1255 Orleans Street and 300-312 N. 
Central Avenue. 

SEC. 3. AND BE IT FURTHER ORDAINED, That m 
whatever respect, if any, the said amended Urban 
Renewal Plan approved hereby for Oldtown may not meet 
the requirements as to the content of a renewal plan or 
the procedures for the preparation, adoption, and 
approval of renewal plans, as provided in Article 13 of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended), the said requirements are hereby waived and 
the amended Urban Renewal Plan approved hereby is 
exempted therefrom. 

SEC. 4. AND BE IT FURTHER ORDAINED, That in the 
event it be judicially determined that any word, phrase, 
clause, sentence, paragraph, section or part in or of this 
ordinance or the application thereof to any person or 
circumstances is invalid, the remaining provisions and the 
application of such provisions to other persons or 
circimistances shall not be affected thereby, the Mayor 
and Qty Council hereby declaring that they would have 
ordained the remaining provisions of this ordinance 
without the word, phrase, clause, sentence, paragraph, 
section or part, or the application thereof so held invalid. 

SEC. 5. AND BE IT FURTHER ORDAINED, That in 
any case where a provision of this ordinance concerns the 
same subject matter as an existing provision of any 
zoning, building, electrical, plumbing, health, fire or 
safety ordinance or code or regulation, the applicable 
provisions concerned shall be construed so as to give 
effect to each; provided, however, that if such provisions 
are found to be in irreconcilable conflict, the provision 
which establishes the higher standard for the promotion 
of the public health and safety shall prevail. In any case 



268 



Ord. No. 365 



where a provision of this ordinance is found to be in 
conflict with an existing provision of any other ordinance 
or code or regiilation in force in the Qty of Baltimore 
which establishes a lower standard for the promotion and 
protection of the public health and safety, the provision of 
this ordinance shall prevail, and the other existing 
provision of such other ordinance or code or regulation is 
hereby repealed to the extent that it may be found in 
conflict with this ordinance. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this ^ 

ordinance shall take effect on the date of its enactment. t^ 

? 

Approved June 22, 1994 C^ 

KURT L. SCHMOKE, Mayor ^ 



CITY OF BALTIMORE 

ORDINANCE NO. 365 

(Council Bill No. 874) 

AN ORDINANCE concerning 

CITY PROPERTY - PARCEL OF LAND TO BE ACQUIRED 

FOR INTERSTATE ROUTE NO. 895 

(HARBOR TUNNEL THRUWAY) 

FOR the purpose of authorizing the acquisition by 
purchase or condenmation by the Mayor and Qty 
Council of Baltimore of the fee simple interests or 
such other interests as the Director of the Department 
of Public Works may deem necessary or sufficient, in 
and to certain pieces or parcels of land situate in 
Baltimore Qty, for a parcel of land needed for 
Interstate Route No. 895 (Harbor Tunnel Thruway) 
through the property known as No. 5500 E. Lombard 
Street; the location and course of said parcel of land 
being shown on a plat thereof numbered 348-A22J 
prepared by the Survey Control Section and filed in 
the Office of the Director of the Department of Public 
Works on the Tenth (10th) day of May, 1994. 



269 



^ 



I 



Ord. No. 365 



BY authority of 

Article 1 - General Provisions 

Section - 4 

Article II - General Provisions 

Section - 2 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That it is necessary to 
acquire by purchase or by condemnation the parcel of 
land needed for Interstate Route No. 895 (Harbor Tunnel 
Thruway), the fee simple interest or such other interests 
as the Director of the Department of Public Works may 
deem necessary or sufficient in and to all of that piece or 
parcel of land, with improvements thereon, situate in 
Baltimore Qty, State of Maryland, and described as 
follows: 

Beginning for the same at the point formed by the 
intersection of the northwest side of Lombard Street, 80 
feet wide and the right of way line of through highway 
for Interstate Route No. 895, said point of beginning also 
being the beginning of the fifth line of the parcel of land 
conveyed by the Mayor and Qty Council of Baltimore to 
SDI Limited Partnership by deed dated June 21, 1993 and 
recorded among the Land Records of Baltimore Qty in 
Liber S.E.B. No. 3738, Folio 447, and running thence 
binding on the right of way line of through highway for 
Interstate Route No. 895 and on the fifth, sixth, last and 
on part of the first lines of said deed, there situate, as 
now surveyed, the four following courses and distances: 
namely, North 21° 40'15" East 194.74 feet. North 07** 34' 
44" West 209.11 feet, North 59° 16' 23" West 200.00 feet 
and North 30° 42' 37" East 234.06 feet to intersect the 
realigned right of way line of through highway for 
Interstate Route No. 895; thence binding on the realigned 
right of way line of through highway for Interstate Route 
No. 895 the three following courses and distances; 
namely. South 03° 30' 00" East 148.32 feet, by a line 
curving to the left with a radius of 320.00 feet the 
distance of 226.19 feet which arc is subtended by a chord 
bearing South 23° 45' 00" East 221.51 feet and South 44° 
00' 00" East 242.17 feet to intersect the northwest side of 



270 



Ord. No. 365 



said Lombard Street and thence binding on the northwest 
side of said Lombard Street and on part of the fourth line 
of said deed, to the end thereof, there situate, by a line 
curving to the right with a radius of 532.96 feet the 
distance of 311.99 feet which arc is subtended by a chord 
bearing South 57° 11' 28.5" West 307.56 feet to the place 
of beginning. 

Containing 61,732.40 square feet or 1.4172 acres of 
land, more or less. 

All courses and distances in the above description are ^ 

referred to as true meridian as adopted by the Baltimore ^ 

Survey Control System. ^ 

Together with all right, title interest and estate that *^ 

the owner or owners of said property interests may have ^ 

in all streets, alleys, ways or lanes, public or private, both *^ 

abutting the whole area described and/or contained ^ 

within the perimeter of said area. ^ 

The location and course of said parcel of land needed 9l 

for Interstate Route No. 895 (Harbor Tunnel Thruway) •^ 

being shown on a plat thereof numbered 348-A-22J 
prepared by the Survey Control Section and filed in the 
Office of the Director of the Department of Public Works 
on the Tenth (10th) day of May, 1994. 

SEC. 2. BE IT FURTHER ORDAINED, That the 
Department of Real Estate of Baltimore Qty, or such 
other person or agency as the Board of Estimates may 
hereafter from time to time designate, is hereby 
authorized to negotiate and acquire on behalf of the 
Mayor and Qty Council of Baltimore, and for the 
purposes described in this ordinance, the fee simple 
interest or such other interests as may be deemed 
necessary or sufficient in and to said piece or parcel of 
land, with the improvements thereon. If the said 
Department of Real Estate or the person or agency 
otherwise provided for by the Board of Estimates under 
the authority of Section 5(a) Article V of the Baltimore 
City Charter (1964 Revision, as amended) is or are 
imable to agree with the owner or owners on the 



271 



Ord. No. 366 



purchase price of said parcel of land and the 
improvements thereon, it or they shall forthwith notify 
the Qty Solicitor of Baltimore Qty, who shall thereupon 
institute in the name of the Mayor and Qty Council of 
Baltimore the necessary legal proceedings to acquire by 
condemnation the fee simple interests or such other 
interests as may be deemed necessary or sufficient in and 
to said piece or parcel of land, with the improvements 
thereon, here described. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
proceedings for the acquisition by condemnation of the 
property and rights herein described and the rights of all 
parties interested or affected thereby shall be regulated by 
and be in accordance with the provisions of The Real 
Property Article of the Annotated Code of Maryland 
(1974), Tide 12, Section 101 Et Seq. and any and all 
amendments thereto. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 366 

(Council Bill No. 886) 

AN ORDINANCE concerning 

ORDINANCE OF ESTIMATES FOR THE FISCAL YEAR 
ENDING JUNE 30, 1995 

FOR the purpose of providing the appropriations 

estimated to be needed by each agency of the Qty of 
Baltimore for operating programs and capital projects 
during the fiscal 1995 year. 



272 



Ord. No. 366 



BY authority of 

Article VI - Board of Estimates 

Section 2 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the following 
amounts or so much thereof as shall be sufficient are 
hereby appropriated subject to the provisions hereinafter 
set forth for the purpose of carrying out the programs 

included in the operating budget and the projects listed in ^ 

the capital budget from the amounts estimated to be ^^ 

available in the designated funds during the fiscal year ^ 

ending June 30, 1995. ^f- 



A. OPERATING BUDGET 



CIVIL SERVICE COMMISSION ^. 



160 PERSONNEL ADMINISTRATION 

General Fund Appropriation .... $ 2,145,181 

167 OCCUPATIONAL MEDIQNE AND SAFETY 

General Fund Appropriation .... $ 874,810 

COMMUNITY RELATIONS COMMISSION 

156 DEVELOPMENT OF INTERGROUP RELATIONS 

General Fund Appropriation .... $ 826,183 

Federal Fund Appropriation .... $ 75,429 

COMPTROLLER, DEPARTMENT OF 

130 EXECUTIVE DIRECTION AND CONTROL 

General Fund Appropriation .... $ 464,838 

131 AUDITS 

General Fund Appropriation .... $ 1,565,089 

Special Fund Appropriation $ 243,041 

132 REAL ESTATE ACQUISITION AND MANAGEMENT 
General Fimd Appropriation .... $ 600,638 

135 INSURANCE ON CITY FACILITIES 

General Fund Appropriation .... $ 56,773 



273 



I 



Ord. No. 366 



596 MANAGEMENT OF LEASED PROPERTIES 

General Fund Appropriation .... $ 50,500 

COUNQL, CITY 

100 CITY LEGISLATION 

General Fund Appropriation .... $ 3,071,908 

COUNQLMANIC SERVICES, OFFICE OF 

103 COUNQLMANIC SERVICES 

General Fund Appropriation .... $ 320,029 

COURTS 

110 CIRCUIT COURT 

General Fund Appropriation .... $ 6,689,082 

Federal Fund Appropriation .... $ 407,097 

State Fund Appropriation $ 566,095 

Special Fund Appropriation $ 40,000 

112 ORPHANS' COURT 

General Fund Appropriation .... $ 338,134 

EDUCATION, DEPARTMENT OF 

728 BOARD OF SCHOOL COMMISSIONERS 

Education Fimd Appropriation ... $ 335,293 

729 OFFICE OF THE SUPERINTENDENT 

Education Fimd Appropriation ... $ 1,795,469 

Federal Fund Appropriation .... $ 85,688 

732 CURRICULUM AND INSTRUCTION 

Education Fund Appropriation ... $ 4,520,075 

Federal Fund Appropriation .... $ 3,033,707 

State Fund Appropriation $ 389,915 

Special Fund Appropriation $ 104,024 

741 AREA SCHOOL SERVICES 

Education Fund Appropriation ... $ 1,552,780 

743 GENERAL INSTRUCTION 

Education Fund Appropriation ... $ 248,703,179 

Federal Fund Appropriation .... $ 35,653,757 

State Fund Appropriation $ 14,525,154 

Special Fund Appropriation $ 809,095 



274 



Ord. No. 366 



744 OTHER INSTRUCTIONAL SERVICES 

Education Fund Appropriation ... $ 11,129,437 

Federal Fund Appropriation .... $ 770,791 

State Fund Appropriation $ 1,183,238 

Special Fund Appropriation $ 117,772 

746 SCHOOL SOCL\L WORK SERVICES 

Education Fund Appropriation ... $ 2,973,907 

Federal Fund Appropriation $ 286,622 

State Fund Appropriation $ 518,786 

Special Fund Appropriation $ 293,190 

751 SPECL\L EDUCATION AND PUPIL SERVICES 

Education Fund Appropriation ... $ 3,990,404 

Federal Fund Appropriation .... $ 1,596,600 

Special Fund Appropriation $ 200,316 

753 COMPENSATORY PROGRAMS 

Education Fund Appropriation ... $ 137,163 

Federal Fund Appropriation .... $ 1,139,918 

State Fund Appropriation $ 253,183 

754 CAREER AND TECHNOLOGY INSTRUCTION 
Education Fund Appropriation ... $ 12,786,938 
Federal Fund Appropriation .... $ 2,398,805 
State Fund Appropriation $ 864,426 

755 ADULT/ALTERNATIVE INSTRUCTION 

Education Fund Appropriation ... $ 8,560,316 

Federal Fund Appropriation .... $ 611,958 

State Fund Appropriation $ 153,556 

Special Fund Appropriation $ 37,700 

756 SPECL\L INSTRUCTION 

Education Fund Appropriation ... $ 112,341,567 

Fedei^ Fund Appropriation .... $ 4,432,704 

State Fund Appropriation $ 187,949 

757 SPECIAL CAREER AND TECHNOLOGY INSTRUCTION 
Education Fund Appropriation ... $ 5,220,957 
Federal Fund Appropriation .... $ 378,211 

758 GIFTED AND TALENTED INSTRUCTION 

Education Fund Appropriation ... $ 3,375,089 

Federal Fund Appropriation .... $ 82,509 

State Fund Appropriation ...... $ 1,000,000 



I 275 

i 



Oni. No. 366 



761 LOGISTICAL SERVICES 

Education Fund Appropriation ... $ 1,069,107 

762 FOOD SERVICES 

Education Fund Appropriation ... $ 76,102 

Federal Fund Appropriation .... $ 19,845,292 

State Fimd Appropriation $ 1,460,000 

Special Fund Appropriation $ 4,700,000 

763 nSCAL MANAGEMENT 

Education Fund Appropriation ... $ 1,087,735 

Federal Fund Appropriation .... $ 443,541 

Special Fund Appropriation $ 315 

764 TRANSPORTATION 

Motor Vehicle Fund Appropriation $ 3,654,000 

Education Fund Appropriation ... $ 12,838,181 

Federal Fund Appropriation .... $ 418,023 

State Fund Appropriation $ 8,015,000 

765 PROCUREMENT 

Education Fimd Appropriation ... $ 1,288,052 

Federal Fund Appropriation .... $ 356,391 

Special Fund Appropriation $ 546 

767 FACILITIES 

Education Fund Appropriation ... $ 68,063,301 

Federal Fund Appropriation .... $ 121,172 

State Fund Appropriation $ 25,000 

768 SCHOOL POUCE 

Education Fund Appropriation ... $ 5,325,836 

769 HUMAN RESOURCES 

Education Fund Appropriation ... $ 2,542,861 

Federal Fund Appropriation .... $ 669,361 

State Fund Appropriation $ 71,617 

Special Fund Appropriation $ 129,077 

780 EXTERNAL RELATIONS 

Education Fund Appropriation ... $ 1,742,221 

Federal Fund Appropriation .... $ 380,335 

781 PLANNING AND STRATEGIC BUDGETING 

Education Fund Appropriation ... $ 753,647 

Federal Fund Appropriation .... $ 145,490 

State Fund Appropriation $ 26,032 

Special Fund Appropriation $ 223 



276 



Ord. No. 366 



782 ACCOUNTABIUTY, ASSESSMENT, RESEARCH, AND 
EVALUATION 

Education Fund Appropriation ... $ 1,361,932 

Federal Fund Appropriation .... $ 425,352 

Special Fund Appropriation $ 162,355 

783 MANAGEMENT INFORMATION SYSTEMS 

Education Fund Appropriation ... $ 3,890,882 

Federal Fund Appropriation $ 929,773 

Special Fund Appropriation $ 1,387 

784 STAFF DEVELOPMENT ^ 
Education Fund Appropriation ... $ 1,137,569 ^^ 
State Fund Appropriation $ 132,144 ^ 

ELECTIONS, SUPERVISORS OF y 

180 VOTER REGISTRATION AND CONDUCT OF ELECTIONS ^ 

General Fund Appropriation $ 2,045,073 >r 

EMPLOYEES' RETIREMENT SYSTEMS, BOARD OF ^ 

TRUSTEES OF ^ 

152 ADMINISTRATION, EMPLOYEES' RETIREMENT SYSTEM ^ 

Special Fund Appropriation $ 2,091,298 ^ 

FINANCE, DEPARTMENT OF 

140 ADMINISTRATIVE DIRECTION AND CONTROL 
General Fund Appropriation .... $ 469,677 

141 BUDGET AND MANAGEMENT RESEARCH 

General Fund Appropriation .... $ 1,187,872 

144 PURCHASING 

General Fund Appropriation .... $ 3,935,440 

147 MANAGEMENT INFORMATION SERVICES 

General Fund Appropriation .... $ 4,100,846 

148 BUREAU OF ACCOUNTING OPERATIONS 

General Fund Appropriation .... $ 2,554,096 

Loan & Guarantee Enterprise 

Fund Appropriation $ 3,397,009 

150 TREASURY MANAGEMENT 

General Fund Appropriation $ 1,300,592 



277 



Ord. No. 366 



nRE, DEPARTMENT OF 

210 ADMINISTRATIVE DIRECTION AND CONTROL 
General Fund Appropriation .... $ 1,187,127 

211 TRAINING 

General Fund Appropriation .... $ 644,901 

212 HRE SUPPRESSION 

General Fund Appropriation .... $ 73,416,899 

213 HRE PREVENTION 

General Fund Appropriation .... $ 1,994,380 

214 SUPPORT SERVICES 

General Fund Appropriation .... $ 3,628,585 

State Fund Appropriation $ 540,000 

215 HRE ALARM AND COMMUNICATIONS 

General Fund Appropriation .... $ 2,996,476 

219 NON-ACTUARIAL RETIREMENT BENEHTS 

General Fund Appropriation .... $ 750,000 

319 AMBULANCE SERVICE 

General Fund Appropriation .... $ 7,899,541 

Special Fund Appropriation ..... $ 1,140,372 

HEALTH, DEPARTMENT OF 

240 ANIMAL CONTROL 

General Fund Appropriation .... $ 1,311,349 

300 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation .... $ 2,991,105 

Federal Fund Appropriation .... $ 85,986 

State Fund Appropriation $ 26,875 

302 ENVIRONMENTAL HEALTH 

General Fund Appropriation .... $ 1,674,955 

Federal Fund Appropriation .... $ 358,763 

State Fund Appropriation $ 83,614 

303 SPECIAL PURPOSE GRANTS 

General Fund Appropriation .... $ 235,155 

Federal Fund Appropriation .... $ 2,444,673 

State Fimd Appropriation $ 1,879,200 

Special Fund Appropriation $ 491,426 



278 



Ord. No. 366 



304 CUNICAL SERVICES 

General Fund Appropriation .... $ 2,340,290 

Federal Fund Appropriation $ 44,221,734 

State Fund Appropriation $ 535,517 

Special Fund Appropriation $ 76,000 

305 MATERNAL AND INFANT SERVICES 

General Fimd Appropriation .... $ 1,597,163 

Federal Fund Appropriation $ 11,246,370 

State Fund Appropriation $ 490,893 

306 GENERAL NURSING SERVICES ^ 
General Fund Appropriation .... $ 933,307 ^ 
State Fund Appropriation $ 1,799,414 ^ 

307 MENTAL HEALTH SERVICES ^ 

General Fund Appropriation $ 996,810 ^ 

Federal Fund Appropriation .... $ 17,506,793 ^ 

State Fund Appropriation $ 20,090,693 Zk 

Special Fund Appropriation $ 35,849 ^ 

i 

308 CHILD, ADOLESCENT, AND FAMILY HEALTH ^ 
General Fund Appropriation .... $ 537,765 (^ 

Federal Fund Appropriation $ 5,837,089 ^ 

State Fund Appropriation $ 1,157,538 ^ 

310 SCHOOL HEALTH SERVICES 

General Fund Appropriation .... $ 4,321,165 

Federal Fund Appropriation .... $ 4,763,870 

State Fund Appropriation $ 3,355,887 

311 HEALTH SERVICES FOR THE AGING 

General Fund Appropriation .... $ 247,793 

Federal Fund Appropriation .... $ 4,420,982 

HOUSING AND COMMUNITY DEVELOPMENT, 
DEPARTMENT OF 

177 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation .... $ 2,243,350 

Federal Fund Appropriation .... $ 1,381,616 

State Fund Appropriation $ 213,293 

Special Fvind Appropriation ..... $ 378,930 

181 NHGHBORHOOD HUBS 

General Fund Appropriation .... $ 931,613 

Federal Fund Appropriation .... $ 2,427,000 

State Fund Appropriation $ 1,967,147 

279 



Ord. No. 366 



184 ENERGY ASSISTANCE AND EMERGENCY FOOD 



State Fund Appropriation $ 



12,391,793 



260 CONSTRUCTION AND BUILDING INSPECTION 

General Fund Appropriation .... $ 2,285,869 

Federal Fund Appropriation .... $ 604,643 

570 PRESERVATION OF HISTORIC PLACES 

General Fund Appropriation .... $ 201,812 

Federal Fund Appropriation .... $ 126,133 

582 HNANCE AND DEVELOPMENT 

General Fund Appropriation .... $ 1,711,338 

Federal Fund Appropriation .... $ 2,437,894 

583 NHGfiBORHOOD SERVICES 

General Fund Appropriation .... $ 5,801,118 

Federal F\ind Appropriation .... $ 1,875,143 

State Fund Appropriation $ 68,000 

Special Fund Appropriation $ 1,300,000 

585 BALTIMORE DEVELOPMENT CORPORATION 

General Fund Appropriation .... $ 2,424,780 

Federal Fund Appropriation .... $ 400,000 

Special Fund Appropriation $ 50,598 

593 COMMUNITY SUPPORT PROJECTS 

General Fund Appropriation .... $ 600,000 

Federal Fund Appropriation .... $ 12,592,544 

State Fund Appropriation $ 1,638,098 

597 WEATHERIZATION 

State Fund Appropriation $ 2,071,717 

604 CHILD CARE CENTERS 

General Fund Appropriation .... $ 1,381,888 

605 HEAD START 

General Fund Appropriation .... $ 128,881 

Federal Fund Appropriation .... $ 12,074,312 

606 ARTS AND EDUCATION 

Federal Fund Appropriation .... $ 44,420 

State Fund Appropriation $ 378,610 



280 



Ord. No. 366 



LAW, DEPARTMENT OF 

175 LEGAL SERVICES 

General Fund Appropriation .... $ 5,646,469 

LEGISLATIVE REFERENCE, DEPARTMENT OF 

106 LEGISLATIVE REFERENCE SERVICES 

General Fund Appropriation .... $ 341,549 

Special Fund Appropriation $ 81,094 

107 ARCHIVES AND RECORDS MANAGEMENT ^ 
General Fund Appropriation .... $ 260,413 ^ 

LIBRARY, ENOCH PRATT FREE (i 

? 

450 ADMINISTRATIVE AND TECHNICAL SERVICES ^ 

General Fund Appropriation .... $ 336,664 ^ 

State Fund Appropriation $ 125,104 & 

Special Fund Appropriation $ 111,828 ^ 

I 

45 EXTENSION SERVICES P^ 

General Fund Appropriation .... $ 8,576,758 \L 

453 STATE LIBRARY RESOURCE CENTER ^ 

General Fund Appropriation .... $ 6,152,884 

State Fund Appropriation $ 3,659,195 

UQUOR UCENSE COMMISSIONERS, BOARD OF 

250 UQUOR CONTROL 

General Fund Appropriation .... $ 1,065,575 

MAYORALTY 

125 EXECUTIVE DIRECTION AND CONTROL 

General Fund Appropriation .... $ 3,032,858 

127 TASK FORCE FOR LL^JSON WITH GENERAL ASSEMBLY 
General Fund Appropriation .... $ 398,822 

350 OFFICE OF CHILDREN AND YOUTH 

General Fund Appropriation .... $ 254,338 

State Fund Appropriation $ 110,500 



281 



Ord. No. 366 



599 OFFICE OF INTERNATIONAL PROGRAMS 

General Fund Appropriation .... $ 174,962 

MAYORALTY-RELATED: ART AND CULTURE 

492 PROMOTION OF ART AND CULTURE 

General Fund Appropriation .... $ 534,307 

Federal Fund Appropriation .... $ 12,500 

State Fimd Appropriation $ 55,075 

Special Fund Appropriation $ 208,728 

493 ART AND CULTURE GRANTS 

General Fund Appropriation .... $ 4,534,061 

MAYORALTY-RELATED: CABLE AND COMMUNICATIONS 

572 CABLE AND COMMUNICATIONS COORDINATION 

General Fund Appropriation .... $ 591,635 

MAYORALTY-RELATED: CIVIC PROMOTION 

590 CIVIC PROMOTION 

General Fund Appropriation .... $ 4,140,624 

MAYORALTY-RELATED: COMMISSION FOR WOMEN 

120 PROMOTION OF EQUAL RIGPiTS FOR WOMEN 

General Fund Appropriation .... $ 182,587 

Special Fund Appropriation $ 3,000 

MAYORALTY-RELATED: COMMISSION ON AGING 

324 AGING AND RETIREMENT EDUCATION 

General Fund Appropriation .... $ 710,643 

Motor Vehicle Fund Appropriation $ 325,000 

Federal Fund Appropriation .... $ 6,051,227 

State Fund Appropriation $ 3,193,831 

Special Fund Appropriation $ 92,362 

MAYORALTY-RELATED: 
CONDITIONAL PURCHASE AGREEMENTS 

129 CONDITIONAL PURCHASE AGREEMENT PAYMENTS 

General Fund Appropriation .... $ 8,567,854 

Loan & Guarantee Enterprise 

Fund Appropriation $ 187,607 



282 



Ord. No. 366 



MAYORALTY-RELATED: CONTINGENT FUND 

121 CONTINGENT FUND 

General Fund Appropriation .... $ 

MAYORALTY-RELATED: CONVENTION COMPLEX 

531 CONVENTION CENTER OPERATIONS 

General Fvind Appropriation .... $ 4,881,493 

540 BALTIMORE ARENA OPERATIONS 

General Fund Appropriation .... $ 650,000 ^ 

^^ 

MAYORALTY-RELATED: COORD COUNQL ON CRIM JUSTICE "^ 

224 MAYOR'S COORDINATING COUNQL ON CRIMINAL ^ 

JUSTICE 



V. 



General Fund Appropriation .... $ 327,133 ^ 

Federal Fund Appropriation $ 510,728 xf 

Special Fund Appropriation $ 296,500 ^ 



MAYORALTY-RELATED: DEBT SERVICE 

C 

123 GENERAL DEBT SERVICE ^ 

General Fund Appropriation $ 50,626,579 ^ 

Motor Vehicle Fund Appropriation $ 27,124,447 

MAYORALTY-RELATED: EDUCATIONAL GRANTS 

446 EDUCATIONAL GRANTS 

General Fund Appropriation .... $ 1,309,699 

MAYORALTY-RELATED: HEALTH AND WELFARE GRANTS 

385 HEALTH AND WELFARE GRANTS 

General Fund Appropriation .... $ 126,004 

MAYORALTY-RELATED: LABOR COMMISSIONER 

128 LABOR RELATIONS 

General Fund Appropriation .... $ 475,01 7 

MAYORALTY-RELATED: LOCAL SHARE TO CITY SCHOOLS 

352 LOCAL SHARE TO CITY SCHOOLS 

General Fund Appropriation $ 191,900,000 



283 



Ord. No. 366 



MAYORALTY-RELATED: 
MISCELLANEOUS GENERAL EXPENSES 

122 MISCELLANEOUS GENERAL EXPENSES 

General Fund Appropriation .... $ 4,792,191 

MAYORALTY-RELATED: MUNIQPAL MARKETS 

538 MUNIQPAL MARKETS ADMINISTRATION 

General Fund Appropriation .... $ 1,986,758 

MAYORALTY-RELATED: 
OFFICE OF EMPLOYMENT DEVELOPMENT 

630 ADMINISTRATION (TITLE I) 

General Fund Appropriation .... $ 151,687 

631 JOB TRAINING PARTNERSHIP (TITLES ILTE) 

Federal Fund Appropriation .... $ 13,011,576 

639 SPECL\L SERVICES 

General Fund Appropriation .... $ 780,823 

Federal Fund Appropriation .... $ 10,910,244 

State Fund Appropriation $ 4,158,321 

MAYORALTY-RELATED: RETIREES' HEALTH BENEHTS 

351 RETIREES' HEALTH BENEHTS 

General Fund Appropriation .... $ 32,709,361 

MAYORALTY-RELATED: SELF-INSURANCE FUND 

126 CONTRIBUTION TO SELF-INSURANCE FUND 

General Fund Appropriation .... $ 16,504,095 

Motor Vehicle Fund Appropriation $ 3,281,330 

MUSEUM OF ART 

489 OPERATION OF MUSEUM OF ART 

General Fund Appropriation .... $ 3,247,967 

PLANNING, DEPARTMENT OF 

187 CITY PLANNING 

General Fund Appropriation .... $ 1,854,915 

Motor Vehicle Fund Appropriation $ 946,727 

Federal Fund Appropriation .... $ 465,000 

State Fund Appropriation $ 40,000 



284 



Ord. No. 366 



POUCE, DEPARTMENT OF 

200 ADMINISTRATIVE DIRECTION AND CONTROL 
General Fund Appropriation .... $ 11,299,807 

201 GENERAL PATROL 

General Fund Appropriation .... $ 105,036,325 

Federal Fund Appropriation .... $ 629,060 

State Fund Appropriation $ 4,300,000 

202 INVESTIGATIONS 

General Fund Appropriation $ 16,877,976 

Federal Fimd Appropriation .... $ 145,000 

Special Fund Appropriation $ 350,000 

203 TRAFFIC 

Motor Vehicle Fund Appropriation $ 8,801,650 

State Fund Appropriation $ 50,000 

204 SERVICES BUREAU 

General Fund Appropriation .... $ 20,104,224 

Special Fund Appropriation $ 1,657,732 

205 NON-ACTUARIAL RETIREMENT BENEHTS 

General Fund Appropriation .... $ 8,549,411 

207 SPECIAL OPERATIONS 

General Fund Appropriation $ 17,329,408 

PUBUC WORKS, DEPARTMENT OF 

190 DEPARTMENTAL ADMINISTRATION 

General Fund Appropriation .... $ 965,858 

Motor Vehicle Fund Appropriation $ 398,218 

19 PERMITS 

General Fund Appropriation .... $ 421,098 

Waste Water 

Utility Fund Appropriation .... $ 136,943 

Water Utility Fimd Appropriation $ 163,681 

Motor Vehicle Fund Appropriation $ 1,139,809 

193 BUILDING MAINTENANCE 

General Fund Appropriation .... $ 13,754,442 

195 TOWING 

General Fund Appropriation .... $ 428,084 

Motor Vehicle Fund Appropriation $ 4,410,631 



285 



Ord. No. 366 

State Fund Appropriation $ 18,000 

198 BUILDING ENGINEERING 

General Fund Appropriation .... $ 297,984 

230 BUREAU ADMINISTRATION 

Motor Vehicle Fund Appropriation $ 5,608,799 

Federal Fund Appropriation .... $ 100,000 

231 TRAFFIC ENGINEERING 

Motor Vehicle Fund Appropriation $ 2,475,808 

232 PARKING MANAGEMENT 
Parking Management Fund 

Appropriation $ 4,055,913 

Federal Fund Appropriation .... $ 222,297 

233 SIGNS & MARKINGS 

Motor Vehicle Fund Appropriation $ 4,035,139 

State Fund Appropriation $ 13,000 

234 SIGNAL MAINTENANCE 

Motor Vehicle Fund Appropriation $ 4,517,775 

235 PARKING ENFORCEMENT 
Parking Management Fund 

Appropriation $ 4,172,682 

239 TRAFFIC COMPUTER & COMMUNICATIONS 

General Fund Appropriation .... $ 144,402 

Motor Vehicle Fund Appropriation $ 2,413,798 

500 STREET UGHTING 

Motor Vehicle Fund Appropriation $ 15,588,154 

501 HIGHWAY MAINTENANCE 

Water Utility Fund Appropriation $ 1,361,025 

Motor Vehicle Fund Appropriation $ 26,082,631 

503 HIGHWAY ENGINEERING 

General Fund Appropriation .... $ 341,968 

Motor Vehicle Fund Appropriation $ 423,301 

515 SOUD WASTE COLLECTION 

General Fund Appropriation .... $ 16,201,189 

Motor Vehicle Fund Appropriation $ 1 7,1 1 0,1 79 

516 SOUD WASTE DISPOSAL 

General Fund Appropriation .... $ 18,286,770 



286 



Ord. No. 366 



Motor Vehicle Fund Appropriation $ 1,546,552 

518 STORM WATER MAINTENANCE 

General Fund Appropriation .... $ 535,944 

Motor Vehicle Fund Appropriation $ 4,523,805 

544 SANITARY MAINTENANCE 
Waste Water Utility Fund 

Appropriation $ 9,151,641 

546 WATER MAINTENANCE 
Water Utility Fund 

Appropriation $ 18,344,151 

548 CONDUITS 

General Fund Appropriation .... $ 1,921,214 

550 WASTE WATER FACIUTIES 
Waste Water Utility Fund 

Appropriation $ 63,292,979 

552 WATER FACIUTIES 
Water Utility Fund 

Appropriation $ 20,014,134 

553 WATER ENGINEERING 
Water Utility Fund 

Appropriation $ 7,050,375 

554 WASTE WATER ENGINEERING 
Waste Water Utility Fund 

Appropriation $ 9,936,688 

555 ENVIRONMENTAL SERVICES 
Waste Water Utility Fund 

Appropriation $ 2,545,107 

Water Utility Fund 

Appropriation $ 514,053 

560 FACIUTIES ENGINEERING 
Waste Water Utility Fund 

Appropriation $ 443,470 

Water Utility Fund 

Appropriation $ 186,387 

561 UTIUTY BmiNG 
Water Utility Fund 

Appropriation $ 6,748,681 



287 



Ord. No. 366 

565 UnUTY DEBT SERVICE 
Waste Water Utility Fund 

Appropriation $ 7,513,499 

Water Utility Fund 

Appropriation $ 8,655,820 

580 PARKING FACHJTIES AND DEBT SERVICE 
Parking Enterprise Fund 

Appropriation $ 12,052,340 

RECREATION AND PARKS, DEPARTMENT OF 

471 ADMINISTRATIVE DIRECTION AND CONTROL 

General Fund Appropriation .... $ 2,1 44', 941 

State Fund Appropriation $ 42,151 

473 MUNiaPAL CONCERTS AND OTHER MUSICAL EVENTS 
General Fund Appropriation .... $ 60,399 

478 GENERAL PARK SERVICES 

General Fund Appropriation .... $ 13,055,580 

State Fund Appropriation $ 807,600 

479 SPECL\L FACILITIES 

General Fund Appropriation .... $ 2,274,469 

Special Fund Appropriation $ 130,093 

480 REGULAR RECREA'HONAL SERVICES 

General Fund Appropriation .... $ 13,092,076 

Special Fund Appropriation $ 50,042 

482 SUPPLEMENTARY RECREATIONAL SERVICES 

State Fund Appropriation $ 31,863 

Special Fund Appropriation $ 1,367,156 

505 PARK AND STREET TREES 

General Fund Appropriation .... $ 279,580 

Motor Vehicle Fund 

Appropriation $ 2,020,711 

SHERIFF, OFFICE OF 

118 SHERIFF SERVICES 

General Fund Appropriation .... $ 4,743,072 

SOCIAL SERVICES, DEPARTMENT OF 

365 PUBUC ASSISTANCE 

General Fund Appropriation .... $ 533,000 



288 



Ord. No. 366 



STATE'S ATTORNEY, OFFICE OF 

115 PROSECUTION OF CRIMINALS 

General Fund Appropriation .... $ 12,341,335 

Federal Fund Appropriation .... $ 949,743 

Special Fund Appropriation $ 81,408 

WAGE COMMISSION 

165 WAGE ENFORCEMENT 

General Fund Appropriation .... $ 189,752 



WAR MEMORIAL COMMISSION ^ 

% 

General Fund Appropriation .... $ 242,190 {J 



487 OPERATION OF WAR MEMORL^L BUILDING 



^ 



ZONING APPEALS, DEPARTMENT OF MUNIQPAL AND 

185 ZONING, TAX, AND OTHER APPEALS 

General Fund Appropriation .... $ 343,601 

INTERNAL SERVICE FUND AUTHORIZATIONS V^ 

Civil Service Commission ^ 

160 Personnel Administration 

An internal service fund is hereby authorized to provide for the 
operation of the Unemployment Insiu-ance Function, the costs of 
which are to be recovered from contributions from various Fund 
sources. 

161 Vision Care Program 

An internal service fund is hereby authorized to provide for the 
operation of an Employee Vision Care Program, the costs of 
which are to be recovered from contributions from various Fund 
sources. 

Comptroller, Department of 

130 Executive Direction and Control 

An internal service fund is hereby authorized to provide for the 
administration of the Municipal Telephone Exchange and the 
Municipal Post Office, the cost of which is to be recovered from 
using agencies. 



289 



Ord. No. 366 



133 Municipal Telephone Exchange 

An internal sendee fund is hereby authorized to provide for 
operation of a Municipal Telephone Exchange, the costs of 
which are to be recovered from using agencies. 

136 Municipal Post Office 

An internal sendee fund is hereby authorized to provide for 
operation of a Municipal Post Office, the costs of which are to be 
recovered from using agencies. 

Finance, Department of 

144 Purchasing 

An internal service fund is hereby authorized to provide for 
operation of a Municipal Reproduction and Printing Sendee, the 
costs of which are to be recovered from using agencies. 

An internal service fund is hereby authorized to provide for 
Centralized Automotive Parts Warehousing and Inventory, the 
costs of which are to be recovered from using agencies. 

145 Risk Management Services 

An internal sendee fund is hereby authorized to provide for the 
operation of the Risk Management Office, the costs of which are 
to be recovered from the Self-Insurance Fund. 

148 Bureau of Accounting Operations 

An internal service fund is hereby authorized to provide for 
accounting services of the Mobile Equipment Program, the costs 
of which are to be recovered from using agencies. 

Law, Department of 

175 Legal Services 

An internal service fund is hereby authorized to provide for a 
Self-Insurance Program Covering Automotive Equipment, Police 
Animal Liability and Employee Liability, the costs of which are 
to be recovered from the Self -Insurance Fund. 

Public Works, Department of 

189 Fleet Management 

An internal service fund is hereby authorized to provide for 

operation of a Central Automotive and Mechanical Repair 

Sendee, the costs of which are to be recovered from using 

agencies. 



290 



Ord. No. 366 



190 Departmental Administration 

An internal service fund is hereby authorized to provide for the 
administration of all City contracts for construction or alteration 
of streets, highv^ays, bridges, public buildings, or other 
municipal facilities, the costs of which are to be recovered from 
capital project appropriations. 

198 Building Engineering 

An internal service fund is hereby authorized to provide for 

inspection of construction or alterations of City-owned buildings, 

the costs of which are to be recovered from capital project 

appropriations or using agencies. ^ 

239 Traffic Computer and Commimications ^ 

An internal service fund is hereby authorized to provide for ^ 

operation of a City-owned Two-way Radio System, the costs of <j 

which are to be recovered from using agencies. ;^ 

503 Highway Engineering ^ 

An internal service fund is hereby authorized to provide for ^ 

inspection services of highway construction and reconstruction S 
projects, the costs of which are to be recovered from capital *A 

project appropriations. ^ 

553 Water Engineering ^ 

An internal service fund is hereby authorized to provide for 
inspection service for the construction or alteration of the City's 
water system, the costs of which are to be recovered from 
capital project appropriations. 

560 Facilities Engineering 

An internal service fund is hereby authorized to provide for 
inspection service for Municipal Facilities, the costs of which are 
to be recovered from capital project appropriations. 

B. CAPITAL BUDGET 

SEC. 2. AND BE IT FURTHER ORDAINED, That the Capital 
Improvement Appropriations herein made are for the following 
Construction Projects provided that the appropriations will be 
placed in Construction Reserve accounts at the beginning of the 
fiscal year and transferred by the Board of Estimates to 
Construction Accounts as project funds are needed. 

BALTIMORE CITY PUBLIC SCHOOLS 

417-098 SAMUEL MORSE ELEMENTARY SCHOOL - ROOF 
City Loan Fvmd Appropriation ... $ 55,000 

291 



Ord. No. 366 



State Fund Appropriation $ 133,000 

417-401 NORTHWESTERN "LOOK OF THE FUTURE" 
IMPROVEMENTS 
City Loan Fund Appropriation ... $ 104,000 

State Fund Appropriation $ 310,000 

417-402 NORTHERN "LOOK OF THE FUTURE" 
IMPROVEMENTS 
City Loan Fund Appropriation ... $ 38,000 

State Fund Appropriation $ 114,000 

417-407 WESTERN "LOOK OF THE FUTURE" 
IMPROVEMENTS 
City Loan Fund Appropriation ... $ 38,000 

State Fund Appropriation $ 113,000 

417-410 MERGENTHALER "LOOK OF THE FUTURE" 
IMPROVEMENTS 

City Loan Fund Appropriation ... $ 60,000 

State Fimd Appropriation $ 1 77,000 

417-414 DUNBAR "LOOK OF THE FUTURE" 
IMPROVEMENTS 

City Loan Fund Appropriation ... $ 63,000 

State Fund Appropriation $ 190,000 

417-454 CARVER HIGH SCHOOL #454 - ROOF 

City Loan Fund Appropriation ... $ 253,000 

State Fund Appropriation $ 455,000 

417-480 BALTIMORE CITY COLLEGE HIGH SCHOOL - 
ROOF 
City Loan Fund Appropriation ... $ 159,000 

State Fund Appropriation $ 380,000 

418-017 THOMAS JEFFERSON ELEMENTARY #232 - 
RENOVATION 
City Loan Fund Appropriation ... $ 1,796,000 

State Fund Appropriation $ 1,719,000 

418-020 SCHOOL CONSTRUCTION - ASBESTOS REMOVAL 
City Loan Fund Appropriation ... $ 485,000 

418-306 HAMILTON ELEMENTARY SCHOOL 236 - 
RENOVATION 
City Loan Fund Appropriation ... $ 410,000 



I 



292 



Ord. No. 366 



BALTIMORE DEVELOPMENT CORPORATION 

601-459 PORT COVINGTON BUSINESS PARK - 
DEVELOPMENT 
City Loan Fund Appropriation ... $ 900,000 

601-854 ENTERPRISE DEVELOPMENT FUND 
Mayor and City Council Real Property 
Fund Appropriation $ 500,000 

601-858 FUTURE BALTIMORE DEVELOPMENT 

PROJECTS ^ 

City Loan Fund Appropriation ... $ 1,100,000 ^ 

Federal Fund Appropriation .... $ 1,500,000 ^ 

601-859 DEVELOPMENT PROJECTS - SITE XJL 



IMPROVEMENTS 

Mayor and City Council Real Property 



CONSTRUCTION 

All Other Debt Appropriation ... $ 3,800,000 

603-504 CHILDREN'S MUSEUM - DEVELOPMENT 

Other Special Fund Appropriation $ 3,000,000 

State Fund Appropriation $ 2,000,000 

603-901 DOWNTOWN PARTNERSHIP - IMPROVEMENTS 

City Loan Fund Appropriation ... $ 1,000,000 

BALTIMORE MUSEUM OF ART 

488-008 MUSEUM OF ART - PARKING PLAZA 

Federal Fund Appropriation .... $ 200,000 

Motor Vehicle Fund Appropriation $ 100,000 

488-009 MUSEUM OF ART - ROOF REPLACEMENT 

State Fund Appropriation $ 500,000 

CITY LIFE MUSEUMS 

491-011 CARROLL MANSION - RENOVATION 

General Fund Appropriation .... $ 91,000 



293 



c. 



Fund Appropriation $ 3,500,000 !!< 

603-108 HARRISON'S WHARF ^ 

CDBG Loan Fund Appropriation . $ 2,096,000 ^ 

603-120 CHRISTOPHER COLUMBUS CENTER - % 



V 



Ord. No. 366 



491-016 CITY LIFE MUSEUMS - STORAGE FACILITY 

General Fund Appropriation .... $ 100,000 

Other Special Fund Appropriation $ 300,000 

ENOCH PRATT FREE LIBRARY 

457-003 LIBRARIES - BRANCH #2 IMPROVEMENTS 

State Fund Appropriation $ 125,000 

457-021 LIBRARIES - PUBUC ACCESS TECHNOLOGY - 
CIRCULATION 
General Fund Appropriation .... $ 150,000 

Other Special Fund Appropriation $ 50,000 

457-022 LIBRARIES - CD-ROM DATABASE NETWORK SYSTEM 
General Fund Appropriation .... $ 75,000 

Other Special Fund Appropriation $ 25,000 

457-029 LIBRARIES - ISDN TELECOMMUNICATION 
INSTALLATION 
General Fund Appropriation .... $ 50,000 

FIRE 

208-026 FIRE COMMUNICATION SYSTEM - MODERNIZATION 
All Other Debt Appropriation ... $ 8,380,000 

208-027 FIREBOAT - PURCHASE 

State Fund Appropriation $ 35,000 

312-002 EASTERN HEALTH DISTRICT - EXPANSION 

General Fund Appropriation .... $ 250,000 

Other Special Fund Appropriation $ 21,000 

HOUSING AND COMMUNITY DEVELOPMENT 

169-006 URBAN SERVICE CENTER - EAST 

General Fund Deappropriation . . $ (78,000) 

169-017 GREENMOUNT WEST 

General Fund Deappropriation . . $ (146,000) 

588-002 COMMUNITY DEVELOPMENT 

CDBG Loan Fund Deappropriation $ (199,000) 

588-012 EUBIE BLAKE CULTURAL CENTER 

State Fund Appropriation $ 250,000 



294 



Ord. No. 366 



588-101 GOVANS - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation . $ 85,000 

588-202 PARK HEIGHTS - COMMUNITY DEVELOPMENT 

City Loan Fund Appropriation ... $ 100,000 

CDBG Loan Fund Appropriation . $ 788,000 

588-234 RHSTERSTOWN ROAD - COMMUNITY DEVELOPMENT 
City Loan Fund Appropriation ... $ 80,000 

588-283 PIMUCO RACE TRACK IMPACT PROGRAM 

State Fund Appropriation $ 673,000 ^ 

^^ 

588-301 DRUID HEIGHTS - COMMUNITY DEVELOPMENT ^ 

CDBG Loan Fimd Appropriation . $ 25,000 Cc 

? 

588-302 HARLEM PARK - COMMUNITY DEVELOPMENT ^ 

CDBG Loan Fund Appropriation . $ 520,000 ^ 

588-303 RESERVOIR HILL - COMMUNITY DEVELOPMENT 'A 

City Loan Fund Appropriation ... $ 50,000 

CDBG Loan Fund Appropriation . $ 291,000 

588-304 ORCHARD BIDDLE - COMMUNITY DEVELOPMENT ^ 

CDBG Loan Fund Appropriation . $ 240,000 ^ 

588-305 ROSEMONT - COMMUNITY DEVELOPMENT 

City Loan Fund Appropriation ... $ 100,000 

588-306 SANDTOWN WINCHESTER - COMMUNITY 
DEVELOPMENT 

CDBG Loan Fund Appropriation . $ 3,164,000 

588-307 UPTON - COMMUNITY DEVELOPMENT 

City Loan Fund Appropriation ... $ 400,000 

CDBG Loan Fund Appropriation . $ 744,000 

588-308 PENN NORTH - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation . $ 146,000 

588-312 WEST OUTER CITY - COMMUNITY DEVELOPMENT 
CDBG Loan Fiuid Deappropriation $ (108,000) 

588-313 MADISON PARK NORTH - COMMUNITY 
DEVELOPMENT 

CDBG Loan Fund Deappropriation $ (460,000) 



295 



Ord. No. 366 



588-317 BRUNT STREET - HOUSING DEVELOPMENT 

CDBG Loan Fund Appropriation . $ 200,000 

588-319 SANDTOWN-WINCHESTER - ACQUISITION 

CDBG Loan Fund Deappropriation $ (766,000) 

588-340 DOLFIELD COMMERCL\L AREA 

City Loan Fund Appropriation ... $ 300,000 

588-341 MIDTOWN EDMONDSON COMMERCIAL AREA 

City Loan Fund Appropriation ... $ 100,000 

588-383 ORCHARD STREET CHURCH 

CDBG Loan Fund Deappropriation $ (250,000) 

588-406 POPPLETON - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation . $ 207,000 

588-408 SHARP LEADENHALL - COMMUNITY DEVELOPMENT 
CDBG Loan Fund Appropriation . $ 288,000 

588-409 WASHINGTON VILLAGE - COMMUNITY 
DEVELOPMENT 
CDBG Loan Fund Appropriation . $ 580,000 

588-412 SOUTHWEST OUTER CITY - COMMUNITY 
DEVELOPMENT 
CDBG Loan Fund Appropriation . $ 20,000 

588-414 NEHEML\H II 

CDBG Loan Fund Appropriation . $ 571,000 

588-484 FAIRFIELD - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Deappropriation $ (500,000) 

588-488 FRANKLIN SQUARE RECREATION CENTER 
IMPROVEMENTS 
City Loan Fund Appropriation ... $ 20,000 

588-489 NU-GOLD BOTTLING 

CDBG Loan Fund Appropriation . $ 488,000 

588-490 CROSS/HAMBURG STREET - REHABIUTATION 

CDBG Loan Fund Deappropriation $ (80,000) 

588-504 GAY STREET - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation . $ 150,000 



296 



Ord. No. 366 



588-506 MIDDLE EAST - COMMUNITY DEVELOPMENT 

CDBG Loan Fund Appropriation . $ 319,000 

588-508 WASHINGTON HILL - COMMUNITY DEVELOPMENT 
CDBG Loan Fund Appropriation . $ 35,000 

588-512 SOUTHEAST OUTER CITY - COMMUNITY 
DEVELOPMENT 
CDBG Loan Fund Appropriation . $ 60,000 

588-559 CENTRAL AVENUE INDUSTRIAL PARK 

General Fund Deappropriation . . $ (1,000) ^^ 

588-603 BARCLAY - COMMUNITY DEVELOPMENT -^ 

CDBG Loan Fund Appropriation . $ 207,000 ti 

588-604 GREENMOUNT WEST - COMMUNITY DEVELOPMENT >• 

CDBG Loan Fund Appropriation . $ 43,000 "^ 

588-605 JOHNSTON SQUARE - COMMUNITY DEVELOPMENT ^ 

CDBG Loan Fund Deappropriation $ (14,000) ^ 

588-607 OLDTOWN - COMMUNITY DEVELOPMENT ^ 

CDBG Loan Fund Deappropriation $ (55,000) ^ 



588-608 OLIVER - COMMUNTTY DEVELOPMENT 

CDBG Loan Fund Deappropriation $ (395,000) 

588-616 NEHEML\H IH HOUSING 

CDBG Loan Fund Appropriation . $ 1,065,000 

588-684 BROADWAY EAST - COMMUNITY DEVELOPMENT 
City Loan Fund Appropriation ... $ 500,000 

CDBG Loan Fund Appropriation . $ 1,103,000 

588-707 MARKET CENTER 

CDBG Loan Fund Deappropriation $ (240,000) 

588-802 CITY HOUSING ASSISTANCE PROGRAM LOANS 
CDBG Loan Fund Appropriation . $ 500,000 

588-803 DEFERRED LOAN PROGRAM 

CDBG Loan Fund Appropriation . $ 1,000,000 

588-816 REVOLVING LOAN/DEFERRED LOAN PROGRAM 
CDBG Loan Fund Appropriation . $ 76,000 



297 



V 



Ord. No. 366 



588-824 EMERGENCY SHELTER GRANTS 

Federal Fund Appropriation .... $ 550,000 

588-830 APPROACHWAY IMPROVEMENTS 

City Loan Fund Appropriation ... $ 100,000 

588-831 COMMERCL\L REVTTAUZATION 

City Loan Fund Appropriation ... $ 150,000 

588-834 CEBO ECONOMIC DEVELOPMENT LOAN FUND 

CDBG Loan Fund Appropriation . $ 500,000 

588-848 HOME PROGRAM 

City Loan Fund Appropriation ... $ 1,000,000 

588-849 PARTNERSHIP RENTAL PROJECT 

City Loan Fund Appropriation ... $ 100,000 

588-851 ECONOMIC DEVELOPMENT LOANS 

CDBG Loan Fund Appropriation . $ 350,000 

588-877 SINGLE ROOM OCCUPANCY PROJECTS 

CDBG Loan Fund Appropriation . $ 620,000 

588-879 TRANSITIONAL HOUSING II 

CDBG Loan Fund Appropriation . $ 524,000 

588-881 TRANSITIONAL HOUSING I 

CDBG Loan Fund Deappropriation $ (524,000) 

588-882 PROPERTY MANAGEMENT 

CDBG Loan Fund Deappropriation $ (310,000) 

588-885 EMERGENCY DEMOLITION 

CDBG Loan Fund Appropriation . $ 982,000 

588-886 CONSERVATION AREAS 

City Loan Fund Appropriation ... $ 300,000 

588-888 HARDSHIP HOME REPAIR FOR THE ELDERLY 

CDBG Loan Fund Appropriation . $ 200,000 

588-889 RELOCATION ADMINISTRATION 

CDBG Loan Fund Appropriation . $ 300,000 

588-893 NEIGHBORHOOD SERVICES AND 
IMPROVEMENT PROGRAM 
City Loan Fund Appropriation ... $ 1,000,000 



298 



<^ 



Ord. No. 366 



Mayor and City Council Real Property 

Fund Appropriation $ 150,000 

Other Special Fund Appropriation $ 650,000 

588-894 NHGHBORHOOD INCENTIVE PROGRAM 

City Loan Fund Appropriation ... $ 250,000 

588-896 VACANT HOUSE INITIATIVE 

City Loan Fund Appropriation ... $ 750,000 

CDBG Loan Fund Appropriation . $ 300,000 

588-899 CONTINGENCY FUND 

CDBG Loan Fund Appropriation . $ 469,000 ^^ 

588-922 BALTIMORE JOBS IN ENERGY O 

CDBG Loan Fund Deappropriation $ (24,000) ^ 

588-999 FUTURE NHGHBORHOOD PROJECTS ^ 

City Loan Fund Appropriation ... $ 500,000 & 

MAYORALTY ^ 

127-112 MUSEUM OF INDUSTRY - PARK/CONFERENCE ^ 

CENTER ^ 

Federal Fund Appropriation .... $ 350,000 ^ 

General Fund Appropriation .... $ 175,000 

Other Special Fund Appropriation $ 45,000 

State Fund Appropriation $ 600,000 

127-114 WALTERS ART GALLERY - 

COLLECTION MANAGEMENT 
Other Special Fund Appropriation $ 80,000 

127-115 WALTERS ART GALLERY - 
1974 WING RENOVATION 
State Fund Appropriation $ 750,000 

483-014 BALTIMORE ZOO - EARTH CONSERVATION CENTER 
Other Special Fund Appropriation $ 750,000 

State Fund Appropriation $ 750,000 

483-018 BALTIMORE ZOO - SMALL DEVELOPMENT PROJECTS 
State Fund Appropriation $ 1,000,000 

483-019 BALTIMORE ZOO - MANSION IMPROVEMENTS 

State Fund Appropriation $ 300,000 



299 



Ord. No. 366 



524-021 MUNiaPAL MARKETS - HVAC SYSTEMS 
REPLACEMENT 
General Fund Appropriation .... $ 192,000 

529-025 AQUARIUM - RING TANKS RENOVATION 

Other Special Fund Appropriation $ 2,123,000 

State Fund Appropriation $ 1,000,000 

541-018 BALTIMORE ARENA - ROOF REPLACEMENT 

General Fund Deappropriation . . $ (69,000) 

POUCE 

206-022 POUCE HEADQUARTERS - RENOVATION 

All Other Debt Appropriation ... $ 2,520,000 

PUBUC WORKS 

197-013 DISTRICT POUCE BUILDINGS - RENOVATION 

General Fund Appropriation .... $ 170,000 

197-121 WOLMAN BUILDING - PLUMBING MODERNIZATION 
General Fund Deappropriation . . $ (625,000) 

197-134 ASBESTOS MANAGEMENT PROGRAM 

City Loan Fund Appropriation ... $ 1,000,000 

General Fund Appropriation .... $ 547,000 

504-100 FOOTWAY PAVING CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation $ 100,000 

Other Special Fund Appropriation $ 1,000,000 

504-200 ALLEY PAVING CONSTRUCTION RESERVE 

Motor Vehicle Fund Appropriation $ 1,000,000 

Other Special Fund Appropriation $ 1,000,000 

504-300 SIDEWALKS DAMAGED BY TREE ROOTS - REPAIRS 
Motor Vehicle Fund Appropriation $ 900,000 

507-001 INTERSTATE PROGRAM - CONSTRUCTION RESERVE 
Motor Vehicle Fund Appropriation $ 2,200,000 

507-002 PROJECT VISION STREETS - RESURFACING 

Federal Fund Appropriation .... $ 999,000 

Motor Vehicle Fund Appropriation $ 249,000 



300 



^ 



Ord. No. 366 



507-019 MOUNT STREET BRIDGE (BC# 8009) - 
RECONSTRUCTION 

Federal Fund Appropriation .... $ 400,000 

Other Special Fund Appropriation $ 100,000 

507-300 ST PAUL AND CALVERT BRIDGES 
(BC# 1205/1403) 
Federal Fund Appropriation .... $ 14,200,000 

Motor Vehicle Fund Appropriation $ 100,000 

507-310 BOSTON STREET (CONKUNG - PONCA)- 
RECONSTRUCTION 
Federal Fund Appropriation $ 650,000 ^^ 

507-314 BALTIMORE STREET BRIDGE (BC#2402) - Cc 

REHABIUTATION ^ 

Federal Fund Appropriation $ 4,000,000 ^ 

Motor Vehicle Fund Appropriation $ 580,000 ^ 

Other Special Fund Appropriation $ 420,000 y( 

507-504 BOSTON STREET RECONSTRUCTION ^ 

Federal Fund Appropriation .... $ 4,000,000 ' ^ 

Other Special Fund ^ 

Appropriation $ 1,000,000 ^ 

507-752 BRIDGE INSPECTION PROGRAM 

Federal Fund Appropriation .... $ 800,000 

Motor Vehicle Fund 

Appropriation $ 200,000 

507-816 O'DONNELL STREET VIADUCT (BC# 4403) - 

REPLACEMENT 
Federal Fund Appropriation .... $ 320,000 

Other Special Fund 

Appropriation $ 80,000 

507-817 FREDERICK AVENUE BRIDGE (BC#9013) - 
REHABIUTATION 
Other Special Fund 

Appropriation $ 150,000 

507-900 FEDERAL AID RESURFACING - RECONSTRUCTION 
Federal Fund Appropriation .... $ 4,000,000 

Motor Veliicle Fund 

Appropriation $ 1,000,000 



301 



Ord. No. 366 



508-444 CAROLINE STREET - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 1,416,000 

508-482 LAWRENCE STREET - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 20,000 

508-489 HOUSING & COMMUNFTY DEVELOPMENT - 
STREET IMPROVEMENTS 
Motor Vehicle Fund 

Appropriation $ 500,000 

508-501 CUNTON STREET - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 404,000 

508-510 ELM STREET AND ST MARKS LANE - 
RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 385,000 

508-587 READY AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 207,000 

508-606 HOPKINS/BAYVIEW RESEARCH PARK 

INTERNAL STREET 
Motor Vehicle Fund 

Deappropriation $ (1,000,000) 

Other Special Fund 

Deappropriation $ (1,000,000) 

508-612 COLD SPRING LANE - RESURFACING I 
Motor Vehicle Fund 

Appropriation $ 605,000 

508-772 WINDSOR MILL ROAD - REHABIUTATION 
Motor Vehicle Fund 

Appropriation $ 700,000 



302 



Ord. No. 366 



508-846 MAPPING PROGRAM - HIGHWAYS 
Motor Vehicle Fund 

Appropriation $ 100,0CX) 

508-910 CHRISTOPHER COLUMBUS CENTER - 
BULKHEAD RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 3,500,000 

509-021 ALBEMARLE STREET - RESURFACING 
Motor Vehicle Fund 

Appropriation $ 380,000 ^ 

509-026 MONTGOMERY STREET - RECONSTRUCTION ^ 

Motor Vehicle Fund ^ 

Appropriation $ 20,000 w 

509-041 LOW-INCOME HOUSING STREET IMPROVEMENTS ^ 

Motor Vehicle Fund ^ 

Appropriation $ 650,000 ^ 

509-100 ARBUTON AVENUE - RECONSTRUCTION ^ 

Motor Vehicle Fund ^ 

Appropriation $ 30,000 ^ 



509-103 CARDIFF AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 64,000 

509-104 CHURCHILL AND ELBERT STREETS - 
RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 18,000 

509-107 HIGHMAN, PARKMAN, AND INVERNESS AVENUES - 
RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 15,000 

509-112 GERMANL\ AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 160,000 

509-116 HOLY CROSS LANE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 175,000 



303 



S^ 



Ord. No. 366 



509-123 NAVARRO AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 146,000 

509-124 PINEWOOD AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 60,000 

509-529 CRENSHAW AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 181,000 

509-530 JANNEY STREET - RECONSTRUCTION 
Motor Vehicle Fund 
Appropriation $ 314,000 

509-531 PLEASANT VIEW AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 16,000 

509-533 ST JOHN'S ROAD - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 200,000 

509-534 MERRYMAN COURT - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 10,000 

509-547 EASTBOURNE AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 20,000 

509-687 HANDICAP RAMPS/CURBS PROGRAM 
Motor Vehicle Fund 

Appropriation $ 300,000 

509-732 ROADWAY CAPACITY AND SAFETY IMPROVEMENTS 
Motor Vehicle Fund 

Appropriation $ 300,000 

509-741 STREET UGHTING CIRCUIT SYSTEM STUDY 
Motor Vehicle Fund 

Appropriation $ 100,000 

509-840 BROADWAY PLAZA - 

ROADWAY/FOOTWAY IMPROVEMENTS 

Federal Fund Appropriation .... $ 100,000 



304 



Ord. No. 366 



Motor Vehicle Fund 

Appropriation $ 100,000 

509-845 HOMELAND AVENUE - RECONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 182,000 

509-857 26TH STREET RETAINING WALL 
Motor Vehicle Fund 

Appropriation $ 200,000 

Other Special Fund 

Appropriation $ 200,000 

510-901 STREET UGHT POLE REPLACEMENT PROGRAM 
Motor Vehicle Fund 

Appropriation $ 500,000 

514-100 STREET RECONSTRUCTION RESERVE 
Motor Vehicle Fund 

Appropriation $ 800,000 

514-200 LOCAL STREET RESURFACING PROGRAM 
Motor Vehicle Fund 

Appropriation $ 13,000,000 

514-259 ST PAUL PLACE - RESURFACING 
Motor Vehicle Fund 

Appropriation $ 204,000 

514-260 WENDOVER ROAD - RESURFACING 
Motor Vehicle Fund 

Appropriation $ 308,000 

514-437 MOUNT STREET - RESURFACING 
Motor Vehicle Fund 

Appropriation $ 350,000 

514-439 CALVERT STREET - RESURFACING I 
Motor Vehicle Fund 

Appropriation $ 281,000 

517-042 QUARANTINE ROAD LANDFILL - 
CELL# 6, PHASE II 
All Other Debt Appropriation ... $ 14,000,000 



305 



Ord. No. 366 



520-020 LAKEWOOD AVENUE REUEF DRAIN - 
PHASE IV - CONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 2,000,000 

520-069 NORTH POINT ROAD - DRAINAGE IMPROVEMENTS 
Motor Vehicle Fund 

Appropriation $ 1,300,000 

520-099 SMALL STORM DRAIN REPAIRS 
Motor Vehicle Fund 

Appropriation $ 263,000 

520-126 CHURCH LANE STORM DRAIN - CONSTRUCTION 
Motor Vehicle Fund 

Appropriation $ 200,000 

520-130 ODONNELL HEIGHTS - DRAINAGE IMPROVEMENTS 
Motor Vehicle Fund 

Appropriation $ 180,000 

520-312 LAKE ROLAND DREDGING 

County Fiind Deappropriation ... $ (87,000) 

Federal Fund Deappropriation ... $ (200,000) 

General Fund Deappropriation . . $ (87,000) 

State Fund Deappropriation .... $ (123,000) 

520-903 STORM DRAIN FAdLTTIES DATABASE - 
DEVELOPMENT/IMPLEMENTATION 
Motor Vehicle Fund 

Appropriation $ 250,000 

525-139 OPEN CHANNEL DRAINAGE FACILITY STUDY 
Motor Vehicle Fund 

Appropriation $ 100,000 

525-140 POLLUTION CONTROL DATA BASE STUDY 
Motor Vehicle Fund 

Appropriation $ 100,000 

525-302 WATER QUAUTY SAMPLING STATIONS 
Motor Vehicle Fund 

Appropriation $ 245,000 

525-303 FLOOD ALERT SYSTEM UPGRADES 
Motor Vehicle Fund 

Appropriation $ 82,000 



306 



^ 



Ord. No. 366 



525-514 RACE STREET ENVIRONMENTAL STUDY 
Motor Vehicle Fund 

Appropriation $ 400,000 

525-636 WESTERN RUN AT GLEN AVENUE - 
EROSION CONTROL 
Motor Vehicle Fund 

Appropriation $ 455,000 

525-639 HOFFMAN STREET CHANNEL - EROSION 
CONTROL 
Motor Vehicle Fund 

Appropriation $ 425,000 ^^ 

551-144 WASTE WATER SYSTEM - MAPPING PROGRAM O 

Waste Water Utility Fund \) 

Appropriation $ 250,000 ^ 

551-156 BACK RIVER WASTE WATER TREATMENT ^ 

PLANT - MONITORING SYSTEM ^ 

Federal Fund Appropriation .... $ 4,204,000 'gj 

551-233 WASTE WATER SYSTEM - ANNUAL r^ 

IMPROVEMENTS ^ 

County Fund Appropriation $ 650,000 ^ 

Revenue Bond Fund Appropriation $ 650,000 

551-313 BACK RIVER WASTE WATER TREATMENT 
PLANT - SLUDGE THICKENERS 

County Fund Appropriation $ 1,596,000 

Federal Fund Appropriation .... $ 10,478,000 

Revenue Bond Fund 

Appropriation $ 1,596,000 

551-317 WASTE WATER TREATMENT PLANTS - 
PLAN UPDATES 

County Fund Appropriation $ 600,000 

Revenue Bond Fund 

Appropriation $ 400,000 

551-338 WASTE WATER PUMPING STATIONS - 
REHABIUTATION 

Coimty Fund Appropriation $ 45,000 

Revenue Bond Fund Appropriation $ 105,000 

551-339 PATAPSCO INCINERATORS - IMPROVEMENTS 

Coimty Fund Appropriation $ 5,786,000 



307 



Ord. No. 366 



Revenue Bond Fund 

Appropriation $ 2,722,000 

551-402 COMBINED SEWER SEPARATION PROGRAM 

Revenue Bond Fund Appropriation $ 200,000 

551-415 EASTERN AVENUE PUMPING STATION 
FORCE MAINS 
Revenue Bond Fund 

Appropriation $ 600,000 

551-433 FRANKLIN STREET MAINTENANCE YARD - 
RENOVATION 
Revenue Bond Fund 

Appropriation $ 150,000 

551-898 CONSTRUCTION GRANT PROGRAM - 
MATCHING FUNDS 

County Fund Appropriation $ 500,000 

Waste Water Utility Fund 

Appropriation $ 500,000 

557-012 WATER STORAGE TANKS 
MAINTENANCE PROGRAM 

County Fund Appropriation $ 2,074,000 

Revenue Bond Fund 

Appropriation $ 320,000 

557-031 WATER SUPPLY SYSTEM - 
ANNUAL IMPROVEMENTS 

County Fund Appropriation $ 532,000 

Revenue Bond Fund 

Appropriation $ 1,067,000 

557-069 PRETTYBOY DAM - REPAIRS 

County Fund Appropriation $ 622,000 

Revenue Bond Fund 

Appropriation $ 1,060,000 

557-070 WATERSHED ROADS AND BRIDGES - 
MAINTENANCE 

County Fund Appropriation $ 2,170,000 

Revenue Bond Fund 

Appropriation $ 3,694,000 

557-084 MONTEBELLO PLANT - 

LABORATORY/OFFICE BUILDING 

County Fund Appropriation $ 155,000 

308 



Old. No. 366 



Revenue Bond Fund Appropriation $ 265,000 

557-099 WATER SUPPLY SYSTEM - MAPPING PROGRAM 
Water Utility Fund 

Appropriation $ 250,000 

557-100 WATER SYSTEM INFRASTRUCTURE - 
REHABIUTATION 
Revenue Bond Fund 

Appropriation $ 3,000,000 

Water Utility Fund 

Appropriation $ 3,000,000 ^ 

557-112 WATER SYSTEM - CATHODIC PROTECTION "^ 

Water Utility Fund f< 

Appropriation $ 75,000 O 



557-122 EASTSIDE MAINTENANCE YARD 

County Fund Appropriation $ 130,000 ^ 

Revenue Bond Fund 

Appropriation $ 220,000 



557-123 ZEBRA MUSSEL CONTROL 



I 



County Fund Appropriation $ 897,000 ^ 

Revenue Bond Fund Appropriation $ 1,528,000 

557-124 SATELUTE YARD IMPROVEMENTS 

County Fimd Appropriation $ 65,000 

Revenue Bond Fund 

Appropriation $ 65,000 

557-128 WATER METER CONVERSION 8c METER 
INSTALLATION 
Water Utility Fimd 

Appropriation $ 1,000,000 

557-152 ASHBURTON SEDIMENTATION BASINS - 
IMPROVEMENTS 

County Fund Appropriation $ 4,703,000 

Revenue Bond Fund Appropriation $ 7,737,000 

557-153 WATER QUAUTY ASSURANCE STUDY 

County Fund Appropriation $ 555,000 

Revenue Bond Fund Appropriation $ 945,000 

557-300 WATER FACILmES - ANNUAL IMPROVEMENTS 

County Fund Appropriation $ 300,000 



309 



Ord. No. 366 



Revenue Bond Fund 

Appropriation $ 500,000 

557-311 MONTEBELLO #1 SLUDGE DISPOSAL FAdLITIES 

County Fund Appropriation $ 185,000 

Revenue Bond Fund 

Appropriation $ 315,000 

557-313 MAINTENANCE SHOP AND STORAGE BUILDING 

County Fund Appropriation $ 148,000 

Revenue Bond Fund Appropriation $ 252,000 

557-400 VALVE AND HYDRANT REPLACEMENT 

Revenue Bond Fund Appropriation $ 500,000 

563-001 CONDUIT CONSTRUCTION RESERVE 
Other Special Fund 

Appropriation $ 1,000,000 

580-001 OFF-STREET PARKING - RESERVE 

General Fund Deappropriation . . $ (1,000) 

RECREATION AND PARKS 

474-264 STREET TREE PLANTING PROGRAM 
Motor Vehicle Fund 

Appropriation $ 100,000 

474-457 CRITICAL AREA MIGRATION 
Other Special Fund 

Appropriation $ 300,000 

474-488 GWYNNS FALLS GREENWAY 

Federal Fund Appropriation .... $ 900,000 

State Open Space Fund 

Appropriation $ 75,000 

474-500 RECREATION CENTER ROOF REPAIR PROGRAM - 
HSCAL 1995 

General Fund Appropriation .... $ 150,000 

State Open Space Fiuid 

Appropriation $ 450,000 

474-501 WEGWORTH PARK RENOVATION 
State Open Space Fund 

Appropriation $ 250,000 



I 



310 



Ord. No. 366 



474-502 BALTIMORE PLAYLOT PROJECT - HSCAL 1995 
State Open Space Fund 

Appropriation $ 414,000 

474-503 PARK BUILDINGS - MODERNIZATION - 
nSCAL 1995 

General Fund Appropriation .... $ 50,000 

State Open Space Fund 

Appropriation $ 150,000 

474-504 RIVERSIDE BATHHOUSE - RENOVATION 

City Loan Fund Appropriation ... $ 250,000 i^ 

474-508 JONES FALLS WATERSHED IMPROVEMENT ^ 

State Open Space Fund ^ 

Appropriation $ 162,000 <Ar 



474-509 WATERVIEW WEST DEVELOPMENT 



Federal Fund Appropriation .... $ 200,000 



c. 



State Open Space Fund ^' 

Appropriation $ 100,000 K0t 

474-510 URBAN PARKS RECREATION AND RECOVERY P* 



^ 



State Open Space Fund ^ 

Appropriation $ 36,000 ^ 

474-511 CUFTON PARK BATHHOUSE - RENOVATION 

City Loan Fund Appropriation ... $ 250,000 

474-512 PUBUC LANDINGS - IMPROVEMENTS 

State Fund Appropriation $ 25,000 

474-513 CUFTON MANSION - IMPROVEMENTS 

State Fund Appropriation $ 200,000 

SEC. 3. AND BE IT FURTHER ORDAINED, That the amounts 
set forth in Section 2 above designated deappropriations and 
enclosed in parentheses shall revert to the surpluses of the 
respective funds and be available for appropriation by this or 
subsequent ordinances. 

SEC. 4. AND BE IT FURTHER ORDAINED, That (a) the City 
reasonably expects to reimburse the expenditures described in 
Subsection (b) of this Section vydth the proceeds of one or more 
obligations (as such term is used in Treas. Reg. Section 1.1 50-1 (b) 
to be incurred by the City (or any entity controlled by the City 
within the meaning of Treas. Reg. Section 1.150-1). The City 
intends that this Section of this Ordinance of Estimates (as this 

311 



Ord. No. 366 



Ordinance of Estimates may be amended from time to time) shall 
serve as a declaration of the City's reasonable intention to 
reimburse expenditures as required by Treas. Reg. Section 1 .1 50-2 
and any successor regulation. 

(b) The City intends that this declaration will cover all 
reimbursement of expenditures for capital projects or programs 
approved in the capital budget contained in this Ordinance of 
Estimates to the extent that the City has appropriated in this 
Ordinance of Estimates to pay the cost thereof from one or more 
obligations to be issued by the City (or any entity controlled by the 
City v^thin the meaning of Treas. Reg. Section 1.150-1). The term 
"obligation" (as such term is defined in Treas. Reg. Section 
1.150(b) and as used in this Section) includes general obligation 
bonds and notes, revenue bonds and notes, leases, conditional 
purchase agreements and other obUgations of the City (or any 
entity controlled by the City v^thin the meaning of Treas. Reg. 
Section 1.150-1). 

(c) The maximimi anticipated debt expected to be incurred 
by the City to reimburse the cost of each capital project or program 
in this Ordinance of Estimates is the applicable appropriation listed 
in this Ordinance of Estimates from the proceeds of one or more 
obligations, as such appropriations may be increased or decreased. 

SEC. 5. AND BE IT FURTHER ORDAINED, That no part of the 
amounts appropriated in this Ordinance of Estimates shall be made 
available to pay for costs of any capital project not specifically 
approved through this Ordinance of Estimates or without the prior 
consent of the City Coimcil; and provided further that no part of 
the amounts appropriated in this Ordinance of Estimates shall be 
made available to any agency v^thout the prior approval of the 
City Council to pay for occupancy, by lease or otherwise, of any 
facility whose costs exceed the amounts provided in the detail 
supporting this Ordinance of Estimates. 

SEC. 6. The foregoing appropriations in simmiary consist of: 



312 



Ord. No. 367 



Fund 



Operating 



Capital 



Total 



General 


$ 800,635,000 


$ 993,000$ 801,628,000 


Education 


518,600,000 





518,600,000 


Motor Vehide 


136,428,464 


38,450,000 


174378,464 


Federal 


232,545,866 


62,982.000 


295327,866 


State 


94,665,024 


13,313,000 


107,978,024 


Water Utility 


63,038307 


4325,000 


67363307 


Waste Water Utility 


93,020.327 


750,000 


93,770327 


Loan 8c Guarantee Enteipiise 3^84,616 





3384,616 


Parking Enterprise 


12,052,340 





12,052,340 


Special 


16,833,457 


93,661,000* 


110,494,457 


Parking Management 


8,228,595 





8328395 


City Loan 





13.761.000 


13.761.000 




$1,979,631,996 


$228335,000 $2307,866,996 



♦Consisting Of: 

County $21,626,000 

Revenue Bonds & Notes $27,891,000 

M&CC Real Property Account . . $ 4,150,000 

All Other Debt $28,700,000 

Other Fund Soiuces $11,294,000 



Approved by the Board of Estimates 



President 



1 



Mayor 



I 



Approved June 22, 1994 



Comptroller 



Director of Public Works 



City Solicitor 

BOARD OF ESTIMATES 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 367 
(Council Bill No. 887) 
AN ORDINANCE concerning 



313 



Ord. No. 368 



TO LEVY AND COLLECT A TAX 

FOR the use of the Mayor and Qty Council of Baltimore 
for the period of July 1, 1994 through June 30, 1995. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That for the period July 
1, 1994 through June 30, 1995, a tax of $5.85 be and the 
same is hereby levied and imposed on every $100 of 
assessed or assessable value of property in the Qty of 
Baltimore (excepting such property as may by provisions 
of lav^ be exempted from this rate) for the use of the 
Mayor and Qty Council of Baltimore, and said tax shall 
be collected and paid in the manner prescribed by law. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 368 

(Council Bill No. 908) 

AN ORDINANCE concerning 

FRANCHISE-RAILROAD TRACKS, SWITCHES AND 

OTHER FAdLITIES AND USES ON PROPERTY CLAIMED 

BY THE MAYOR AND CITY COUNCIL 

OF BALTIMORE AS DANVILLE AVENUE 

FOR the purpose of granting permission and authority to 
Canton Railroad Company to maintain and operate 
railroad facilities for itself and others (including 
tenants), and for other uses, including its lease, on 
property claimed by the Mayor and Qty Council as 
the bed of Danville Avenue and claimed by Canton 



314 



Ord. No. 368 



Railroad Company as railroad property between 
Qinton Street and a point at or near Fagley Street. 

BY authority of 

Article VIII - Franchises 

Charter of Baltimore Qty (1964 Revision, as amended) 

WHEREAS, Canton Railroad Company claims title to 
certain lands condemned and formerly operated by the 
Baltimore And Ohio Railroad by virtue of Deed dated 
September 12, 1990, from CSX Transportation, Inc., and ^^.^ 

WHEREAS, The Mayor and Qty Council claims a ^ 

public highway easement to the same property on the w 

basis that the same is the bed of a dedicated street known <J^ 

as Danville Avenue (formerly Third Avenue) absorbed by ^ 

the Mayor and Qty Council by annexation from Baltimore ^ 

County, and ^ 

WHEREAS, The parties have agreed to grant this ^ 

ordinance and accept this ordinance each without ^ 

prejudice to the rights of the other with respect to claims ^ 

of tide and ownership and specifically reserving to each of ^ 

them the right to have the tide and ownership of the 
within described property adjudicated by a court of 
competent jurisdiction, and 

WHEREAS, The Mayor and Qty Council recognizes 
that Canton Railroad Company will build upon the 
property certain tracks, switches and under-track augers 
and other equipment of a railroad or non-railroad nature 
and use the same for bulk storage, railroad car storage 
and other railroad and related uses which will involve 
leasing portions of such land, and that Canton Railroad 
Company is presendy landlord under certain leases and 
licenses (including those with the Mayor and Qty 
Council) which will remain in full force and effect after 
the passage of this Ordinance, and 

WHEREAS, The parties have agreed, and this 
ordinance contemplates that neither parties' rights to 
claim the property as its own will be prejudiced by this 
ordinance and the rights granted or duties assumed 
hereunder. 



315 



Ord. No. 368 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That, to the extent it 
may legally do so, permission and authority be, and the 
same are hereby, granted to Canton Railroad Company, 
its successors and assigns (hereinafter collectively referred 
to as "Grantee") to maintain and operate at its own cost 
and expense, for a period not to exceed twenty-five (25) 
years, with rights of renewal, railroad track(s), switches, 
bulk storage facilities, under-track augers and other 
railroad and non-railroad and related facilities, and to 
lease land and facilities, located as outlined in red on the 
drawing attached to this ordinance; provided such use 
shall preserve the private rights, if any, of adjacent 
landowners to use said right-of-way for access to their 
properties, particularly between Qinton to Baylis Streets. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Grantee shall pay to the Qty of Baltimore, as 
compensation for the license hereby granted, the svun of 
Two Thousand Dollars ($2,000.00), per year, payable in 
advance during the continuance of this license, or any 
renewal thereof, with the understanding that the payment 
of such compensation does not concede or recognize that 
the Mayor and Qty Council owns such property. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
Mayor and Qty Council of Baltimore (hereinafter referred 
to as "City"), hereby expressly reserves the right and 
power to install public works within the franchise area 
provided such public works do not unreasonably interfere 
with railroad operation or the operations of others within 
the franchise area, and are not inconsistent with the 
terms hereof. This license herein granted shall be held, 
exercised and enjoyed for a period of twenty-five (25) 
years from the effective date of this ordinance, with the 
further right to the Grantee to one (1) twenty-five (25) 
year renewal of the license. The twenty-five (25) year 
renewal period shall take effect immediately upon the 
expiration of the original term then in force, without any 
action being taken on behalf of either the Qty or the 
Grantee, but the total time during which the license shall 
operate, including the original term and all renewals 



316 



Ord. No. 368 



thereof, shall not exceed, in the aggregate, fifty (50) years 
except as otherwise permitted by the Qty Charter. 

SEC. 4. AND BE IT FURTHER ORDAINED, That 
material noncompliance by said Grantee at any time or 
times, with any of the terms or conditions of the grant 
hereby made shall at the option of the Qty, operate as 
forfeiture of said grant, and the Qty, acting by and 
through the Director of Public Works, may terminate the 
license granted herein where said Grantee is in material 

breach of its duties and obligations hereimder and said ^^ 

Grantee fails to commence to cure such breach or non- "1^ 

compliance as soon as practicable but in no event longer ^ 

than thirty (30) days of receipt by said Grantee from the ^ 

Qty of written notice to cure such breach. In the event of ^ 

a failure by the Grantee to cure any such breach or non- ^ 

compliance within such thirty (30) day period nothing, ^. 

other than an ordinance of the Qty, shall operate as a ^ 

waiver of any termination of forfeiture of the grant S 

hereby made. ^ 

SEC. 5. AND BE IT FURTHER ORDAINED, That the ^ 

said Grantee shall, at its own expense, operate and ^ 

maintain, from time to time, its said switches and railroad 
track(s) and other facilities within the areas depicted on 
the attached drawing, and shall, at its own expense, keep 
the said tracks and the spaces between the rails of said 
tracks and for two feet on either side thereof but only 
where they cross streets that are open or operating in 
thorough repair, and shall, at its own expense, keep the 
same free from snow or other obstruction, but without 
obstructing the other portions of said streets and alleys on 
either side of said tracks, and shall pay to the Qty, if and 
so often as said streets and alleys, or any of them, shall 
be paved or repaved by agents duly authorized by law, 
the cost of paving or repaving the spaces between the 
rails of said tracks and for two feet on either side thereof, 
of whatever materials the same may be constructed; 
provided, however, that this provision shall relate only to 
presently opened or utilized streets and ways, and the 
Grantee agrees that this provision shall also apply to the 
Grantee's crossing at Haven Street. 



317 



Ord. No. 368 



SEC. 6. AND BE IT FURTHER ORDAINED, That the 
tracks, switches and other facilities hereby authorized 
shall be maintained and operated under the supervision 
and to the reasonable satisfaction of the Director of Public 
Works; provided, hov^ever, that said Director of Public 
Works shall not interfere with the operations of this 
railroad or others who occupy the property or require any 
repair or maintenance which exceeds the requirements of 
other governmental regulatory agencies which oversee the 
Licensee, and further, the Gt/s supervision of tracks shall 
be limited to crossing areas. 

SEC. 7. AND BE IT FURTHER ORDAINED, That said 
Grantee shall be liable for and shall indenmify and save 
harmless the Qty, except for negligence of the Qty or any 
of its agents, employees, servants or officials, against any 
and all suits, losses, costs, claims, damages, or expenses 
to which the Qty may from time to time be subject on 
account of, by reason of, or as a result of: 

A) The presence, use, operation, maintenance, repair, 
relation or removal of the switches, tracks and other 
facilities or the operations for which the franchise is 
herein granted; 

B) Any failure on the part of said Grantee to perform 
promptly and properly, any of the duties or obligations 
imposed upon it by the terms and provisions of this 
ordinance; and 

Q The grant of this franchise and the rights 
contained herein. 

SEC. 8. AND BE IT FURTHER ORDAINED, That 
should the said Grantee fail, neglect or refuse to perform 
within a reasonable time any of the work herein to be 
done, from time to time, then and in any and all such 
instances the said Qty is hereby authorized to proceed to 
do said work and collect all costs and expenses thereof 
from said Grantee. 

SEC. 9. AND BE IT FURTHER ORDAINED, That the 
foregoing franchise includes without limitation the 



318 



Ord. No. 369 



vehicular crossing area at Baylis Street. If such way is 
ever accepted by the Qty as a public street, the Grantee 
agrees to refrain from parking rail cars across such way 
and to keep it open for the passage of traffic subject to 
regulation and control by the Qty for safety, traffic, 
maintenance and fire protection purposes. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
Grantee acknowledges that the Qty presendy has utilities 
within the franchise area and that the Qty may maintain, 
install, restore and repair said utilities without 

interference from or payment to the Grantee, provided ^^^ 

that such work does not unreasonably interfere with or ^ 

disrupt the operations of the Grantee or the Grantee's ^ 

tenants in the franchise area; and, further, the Grantee ^ 

acknowledges that the Qty has a permanent utility license *^ 

agreement for sanitary sewers, sanitary sewer crossings Xk- 

and manholes on land lying within the continuation of ^ 

the Grantee's railroad right-of-way to the North East to ^ 

Boston Street and the aforesaid rights of maintenance, ^ 

etc. shall apply equally to this utility Ucense agreement. C^ 



SEC. 11. AND BE IT FURTHER ORDAINED, that this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 369 

(Council Bill No. 909) 

AN ORDINANCE concerning 

FRANCHISE - CENTRAL LIGHT RAIL SYSTEM 
- PENN STATION EXTENSION 



^ 



6^ 



319 



Ord. No. 369 



FOR the purpose of amending Ordinance No. 577, dated 
June 27, 1990, which granted franchise rights to the 
Mass Transit Administration of the Department of 
Transportation of the State of Maryland for the 
location, construction, operation and maintenance in 
good condition of a Central Light Rail System within 
the boundaries of the Qty of Baltimore, to grant the 
Mass Transit Administration of the Department of 
Transportation of the State of Maryland authority to 
construct, operate and maintain an aerial crossing of 
the Jones Falls Expressway (1-83) as part of the Penn 
Station Extension of the Central Light Rail Line. 

WHEREAS, The franchise for the location, 
construction, operation and maintenance of a Central 
Light Rail System by the Mass Transit Administration of 
the Department of Transportation of the State of 
Maryland was approved by the Mayor and Qty Council of 
Baltimore by Ordinance No. 577, dated June 27, 1990; 

WHEREAS, Pursuant to the Transportation Article of 
the Annotated Code of Maryland (1977 Repl. Vol. and 
1989 Supp.), the Mass Transit Administration of the 
Department of Transp)ortation of the State of Maryland is 
authorized to plan, design, develop, finance, operate and 
maintain a Central Light Rail System serving the 
Baltimore Metropolitan Area; 

WHEREAS, The planned aerial crossing over the 
Jones Falls Expressway lies within the boundaries of the 
City of Baltimore; 

WHEREAS, Section 7-701, Maryland Transportation 
Code, (1993 Repl. Vol.) requires the Mass Transit 
Administration to comply with all laws, ordinances, and 
regulations of the City of Baltimore with respect to 
zoning, signs, and buildings, with respect to traffic control 
and regulation, and with respect to the use of streets, 
highways, and all other vehicular facilities, in coimection 
with portions of the aforesaid Baltimore Central Light Rail 
System, and further provides that said Administration 
may not locate, construct and maintain any of its transit 
or related facilities in, upon, over or under any highway, 



320 



Ord. No. 369 



bridge, or other vehicular facility or any parkway or park 
land without the consent of and except on the terms and 
conditions required by the Mayor and City Council of the 
Qty of Baltimore; 

WHEREAS, The Mayor and Qty Council of Baltimore, 
a municipal corporation of the State of Maryland, and the 
Maryland Department of Transportation, acting by and 
through its Mass Transit Administration, have entered 
into a General Agreement for the Central Light Rail 
System, dated May 9, 1990, which set forth the terms, 
provisions and obligations of the parties with regard to 

the design, construction and operation of the Regional ^ 

Light Rail Transit System; ^ 

WHEREAS, On November 28, 1990, the parties •^ 

entered into Supplemental Agreement No. 1, which ^. 

modified the terms and conditions of Article IV, Section ^ 

4.02 F of the General Agreement dated May 9, 1990, by jg 

deleting the requirement to construct Oder Alley and ^ 
substitute payment therefore; C^ 



WHEREAS, On September 1, 1993, the parties 
entered into Supplemental Agreement No. 2, which added 
terms and conditions for traffic signal pre-emption of the 
Howard Street Corridor between Mt. Royal Avenue, 
Dolphin Street and Conway Street; 

WHEREAS, On ^ tho The parties entered 

into Supplemental Agreement No. 3, which modified the 
terms and conditions of Articles I, IV, VI and VIII of the 
General Agreement dated May 9, 1990 in order to include 
the planning, design and construction of the Central Light 
Rail Line Phase II Extension to Perm Station; 

WHEREAS, The Mass Transit Administration has 
requested from the Mayor and City Council of Baltimore 
franchise rights for the construction and operation of the 
aerial crossing of the Jones Falls Expressway (1-83), as 
part of the Penn Station Extension of the Central Light 
Rail Line within the Qty of Baltimore; and 



321 



# 

^ 



V 



Ord. No. 369 



WHEREAS, The Mass Transit Administration agrees to 
abide by all applicable Federal Highway regulations 
contained in Federal Aid Policy Guide, Subchapter H, Part 
713, B, which is deposited with the Department of Public 
Works, in the construction, operation and maintenance of 
the aerial crossing of the Jones Falls Expressway; 

NOW, THEREFORE 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Franchise 
Ordinance No. 577 is hereby amended and the consent 
of the said Mayor and Qty Council is hereby given to the 
Mass Transit Administration of the Department of 
Transportation of the State of Maryland for the 
construction of the aerial crossing of the Jones Falls 
Expressway (1-83), as part of the Penn Station Extension 
of the Central Light Rail System within the limits of the 
City of Baltimore, as described on the attached metes and 
bounds descriptions marked Exhibit A, and in accordance 
with the plat as prepared and filed with the Qty of 
Baltimore Department of PubUc Works on May 3, 1994. 
The said Mass Transit Administration is hereby 
authorized, within the Qty of Baltimore, to build, locate, 
construct, maintain in good condition and operate by 
itself, its successors and assigns, an aerial crossing of the 
Jones Falls Expressway (1-83), as part of the Penn Station 
Extension of the Central Light Rail System for a period 
not to exceed twenty five (25) years, with rights of 
renewal, with one or more tracks, with such switches, 
turnouts, sidings, stations, station public entrances and 
appurtenant facilities, depots, sewers for drainage, shafts 
for ventilation, overhead structures and other 
appurtenances, as it may deem necessary for the proper 
design, construction, operation and maintenance in good 
condition of said Central Light Rail System and the 
acconmiodation of the traffic of the same in, upon, over, 
under, or across the highways, streets, lanes, alleys, land 
under water, water front, public landings, wharf property, 
wharves and docks, parks and sidewalks of the Qty of 
Baltimore, and to maintain in good condition and repair 
all such structures, tracks, stations, station public 
entrances and appurtenances herein above mentioned at 



322 



Ord. No. 369 



the sole cost and expense of the Mass Transit 
Administration of the Department of Transportation of the 
State of Maryland. The said Mass Transit Administration 
of the Department of Transportation of the State of 
Maryland, its successors and assigns, shall comply with at 
all times all the ordinances of the City of Baltimore 
providing for condemnation, construction, maintenance 
and repair of all facilities, both public and private, within 
such public property and places; and 

SEC. 2. BE IT FURTHER ORDAINED, That this ^ 

franchise herein granted and the franchise for the Central ;^ 

Light Rail System authorized by Ordinance No. 577 shall '^ 

be held, exercised and enjoyed for a period of twenty-five ^ 

(25) years from the effective date of Ordinance No. 577, ^ 

with the further right to renewals not exceeding in the ^ 

aggregate twenty-five (25) years. ^ 

SEC. 3. AND BE IT FURTHER ORDAINED. That in ^ 

accordance with Section 6.03 of the General Agreement ^ 

dated May 9, 1990. between Mass Transit Administration »^ 

and the City for the Light Rail Transit System. Mass Tf> 

Transit Administration will pay $0 for this franchise ^ 
extension. 

SEC. 4. AND BE IT FURTHER ORDAINED. That the 
liability and insurance requirements set forth in Section 
8.07 of the General Agreement dated May 9. 1990, 
between Mass Transit Administration and the City, will be 
applicable to this extension. The insurance as provided in 
Section 8.07 will run during the term of this franchise. 

SEC. 55. AND BE IT FURTHER ORDAINED, That 
noncompliance by Mass Transit Administration, its 
successors and assigns at any time or times, with any of 
the terms or conditions of the grant herein made or the 
franchise for the Central Light Rail System authorized by 
Ordinance No. 577, shall, at the option of the Mayor and 
Qty Council of Baltimore, operate as a forfeiture of said 
grant or grants, which shall thereupon be and become 
void, and that nothing other than an ordinance of the 
Mayor and Qty Council of Baltimore shall operate as a 



323 



Ord. No. 370 



waiver of any forfeiture of the grant hereby made or the 
grant authorized by Ordinance No. 577. 

SEC. 46. AND BE IT FURTHER ORDAINED, That the 
Mayor and Qty Council of Baltimore hereby expressly 
reserves the right and power, at all times, to exercise, in 
the interest of the public, full municipal superintendence, 
regulation and control in respect to all matters connected 
with this grant, and the franchise for the Central Light 
Rail System authorized by Ordinance No. 577, and not 
inconsistent with the terms thereof. 

SEC. §7. BE IT FURTHER ORDAINED, Except as 
amended herein, all of the terms and conditions of 
Franchise Ordinance No. 577 shall remain in full force 
and effect. 

Approved June 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 370 

(Council Bill No. 798) 

AN ORDINANCE concerning 

DIVISION OF OCCUPATIONAL MEDICINE AND SAFETY 

FOR the purpose of repealing the provisions relating to 
the Office of Occupational Medicine and Safety ^ and ; 
establishing a Division of Occupational Medicine and 
a Division of Safety within the Qvil Service 
Commission ; deleting any mention of the "Medical 
Services Division" within Article 22 and substituting 
the term "Division of Occupational Medicine" . 

BY repealing 

Article 1 - Mayor, Qty Council, and Municipal 

Agencies 
Subtitle - Office of Occupational Medicine and Safety 



324 



Ord. No. 370 



Sections 48-50A 

Baltimore Qty Code (1983 Replacement Volmne, as 
amended) 

BY adding 

Article 1 - Mayor, Qty Comicil, and Municipal 

Agencies 
Sections 48-50, inclusive, to be under the new subtitie 

"Divisions of Occupational Medicine and Safety" 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) ^ 

BY repealing and reordalning with amendments ^ 

Article 22 - Retirement Systems ^ 

Subtitie - Employees' Retirement Svstem ^ 
Sections 6Cc)C9), 6CdK9), 6(0(9), 9(0(5) and 9Ci)C5) ^ 

Baltimore City Code (1983 Replacement Volume, as ^ 

amended) ^ 

Article 22 - Retirement Systems ^ 

Subtitie - Fire and Police Employees f^ 

Section 34(g)(1) % 



Baltimore Gty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of tiie 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended to read as 
follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, 
AND MUNICIPAL AGENCIES 

[Office of Occupational Medicine and Safety 

48. Created; Director. 

An "Office of Occupational Medicine and Safety" is 
hereby created, headed by a Director appointed by the 
Mayor in the manner prescribed in Section 6 of Article IV 
of the Charter of Baltimore Qty and hold the office as 
therein provided. It will be his duty to direct and 



325 



s^ 



Ord. No. 370 



coordinate the Divisions of the Office hereafter created, to 
advise the Mayor on improving programs of occupational 
medicine and safety and to work with the Mayor and the 
heads of Qty departments, boards, commissions and 
agencies so as to assure the effectiveness of his Office in 
the discharge of its assigned responsibilities. 

49. Division of Occupational Medicine. 

There is hereby created in the above Office a Division 
of Occupational Medicine headed by a Qiief, Division of 
Occupational Medicine appointed by and reporting to the 
Director to serve at his pleasure. The Division of 
Occupational Medicine shall: 

(a) Establish medical procedures and standards at all 
Qty medical facilities for employees and assure 
conformity with such procedures and standards. 

(b) Examine and treat patients at a central medical 
services clinic. 

(c) Monitor the quality of medical treatments for all 
City employees. 

(d) Investigate and evaluate all Qty employee safety 
and health hazards, including but not limited to, toxic 
materials, and establish programs to eliminate and reduce 
hazards. 

(e) Evaluate medical cases of patients at all Qty 
medical facilities and recommend upon their disposition. 

(0 Cooperate with and assist the Law Department 
and other Qty agencies involved in Workmen's 
Compensation Commission claims toward improving 
claims management and loss control. 

(g) Develop and maintain programs for controlling 
sick leave and disability of all Qty employees and monitor 
and reduce absenteeism. 

(h) Cooperate with public health agencies in 
improving the quality of occupational medicine. 



326 



Ord. No. 370 



(i) Maintain a system of uniform medical records. 

(j) Develop and maintain programs to enhance the 
professional education of all employees involved in 
occupational medicine. 

50. Division of Safety. 

There is hereby created in the above office a Division 
of Safety headed by a Chief, Division of Safety appointed 

by and reporting to the Director to serve at his pleasure. ^J 

The Division of Safety shall: ^§ 

(a) Develop and administer city-wide safety programs 5y, 

for the prevention of accidents, illnesses and injuries. 



fe 



(b) Develop and monitor safety programs in Qty ^. 

departments, boards, commissions and agencies and work ^ 

with agency safety personnel to assure the effectiveness of ^ 

said programs. p^ 



(c) Advise the Mayor, the Director and Qty agencies 
in all aspects of employee safety and the safety of the 
public related to Qty activities. 

(d) Investigate and report upon occupational injuries 
and illnesses and maintain a related record system 
designed to reduce occupational hazards and ensure 
responsibility and compliance by all city departments, 
boards, commissions and agencies. 

(e) Assure the adherence of Qty agencies to Qty 
safety policies. 

(f) Keep abreast of all laws and regulations affecting 
employee safety and advise city management thereon. 

(g) Maintain relationships with appropriate federal 
and state regulatory agencies affecting safety and with 
relevant professional organizations. 



i 



327 



Ord. No. 370 



(h) Develop and maintain programs to enhance the 
professional education of all employees involved in safety 
activities. 

50 A. Transfer of personnel and equipment. 

The Mayor is authorized, effective immediately, to 
transfer to the Office of Occupational Medicine and Safety 
all personnel, funds, equipment and facilities of the 
Medical Services Division of the Qvil Service Commission 
and the Mayor's Office of Safety.] 

DIVISIONS OF OCCUPATIONAL MEDICINE AND SAFETY 

48. DIVISION OF OCCUPATIONAL MEDICINE. 

THERE IS A DIVISION OF OCCUPATIONAL 
MEDICINE WITHIN THE CIVIL SERVICE COMMISSION. 
THE DIVISION SHALL BE HEADED BY A MEDICAL 
DOCTOR APPOINTED BY AND REPORTING TO THE 
PERSONNEL DIRECTOR OF THE CIVIL SERVICE 
COMMISSION. 

49. THE DIVISION OF OCCUPATIONAL MEDICINE 
SHALL: 

(A) ESTABUSH MEDICAL PROCEDURES AND 
STANDARDS AT ALL CITY MEDICAL FACILmES FOR 
EMPLOYEES AND ASSURE CONFORMITY WITH SUCH 
PROCEDURES AND STANDARDS; 

(B) EXAMINE AND TREAT PATIENTS AT A CENTRAL 
MEDICAL SERVICES CLINIC; 

(Q MONITOR THE QUALITY OF MEDICAL 
TREATMENTS FOR ALL CITY EMPLOYEES; 

(D) INVESTIGATE AND EVALUATE ALL CITY 
EMPLOYEE SAFETY AND HEALTH HAZARDS, 
INCLUDING BUT NOT LIMITED TO, TOXIC MATERJALS, 
AND ESTABUSH PROGRAMS TO ELIMINATE AND 
REDUCE HAZARDS; 



328 



Ord. No. 370 



(E) EVALUATE MEDICAL CASES OF PATIENTS , 
INCLUDING EMPLOYEES WITH DISABILITY CLAIMS. AT 
ALL CITY MEDICAL FACILITIES AND RECOMMEND 
UPON THEIR DISPOSITION; 

(F) COOPERATE WITH AND ASSIST THE LAW 
DEPARTMENT AND OTHER CITY AGENCIES INVOLVED 
IN WQRjq ^ ^EN^S WORKERS' COMPENSATION 
COMMISSION CLAIMS TOWARD AND DISABILITY 
RETIREMENT CLAIMS AND MATTERS RELATIVE 

THERETO, IMPROVING ALL TYPES OF CLAIMS 

MANAGEMENT AND LOSS CONTROL; ^ 

(G) DEVELOP AND MAINTAIN PROGRAMS FOR ^ 
CONTROLLING SICK LEAVE, SUBSTANCE ABUSE, AND ^ 
DISABILITY OF ALL CITY EMPLOYEES AND FOR -^ 
MONITORING AND REDUCING ABSENTEEISM; ^ 



(H) COOPERATE WITH PUBLIC HEALTH AGENCIES 



^ 

^ 



IN IMPROVING THE QUALITY OF OCCUPATIONAL 55 

MEDICINE; ^ 

(I) MAINTAIN A SYSTEM OF UNIFORM MEDICAL CP 

RECORDS; AND 

(J) DEVELOP AND MAINTAIN PROGRAMS TO 
ENHANCE THE PROFESSIONAL EDUCATION OF ALL 
EMPLOYEES INVOLVED IN OCCUPATIONAL MEDICINE. 

50. DIVISION OF SAFETY. 

THERE IS A DIVISION OF SAFETY WITHIN THE 
CIVIL SERVICE COMMISSION. THE DIVISION OF 
SAFETY SHALL: 

(A) DEVELOP AND ADMINISTER CITY-WIDE SAFE 
PROGRAMS FOR THE PREVENTION OF ACCIDENTS, 
ILLNESSES AND INJURIES; 

(B) DEVELOP AND MONITOR SAFETY PROGRAMS 
IN CITY DEPARTMENTS, BOARDS, COMMISSIONS AND 
AGENCIES AND WORK WITH AGENCY SAFETY 



329 



Ord. No. 370 



PERSONNEL TO ASSURE THE EFFECTIVENESS OF SAID 
PROGRAMS; 

(Q ADVISE THE MAYOR, THE DIRECTOR AND CITY 
AGENCIES IN ALL ASPECTS OF EMPLOYEE SAFETY AND 
THE SAFETY OF THE PUBLIC RELATED TO CITY 

AcnvrriES; 

(D) INVESTIGATE AND REPORT UPON 
OCCUPATIONAL INJURIES AND ILLNESSES AND 
MAINTAIN A RELATED RECORD SYSTEM DESIGNED TO 
REDUCE OCCUPATIONAL HAZARDS AND ENSURE 
RESPONSBILITY AND COMPLL\NCE BY ALL CITY 
DEPARTMENTS, BOARDS, COMMISSIONS AND 
AGENCIES; 

(E) ASSURE THE ADHERENCE OF CITY AGENCIES 
TO CITY SAFETY POLICIES; 

(F) KEEP ABREAST OF ALL LAWS AND 
REGULATIONS AFFECTING EMPLOYEE SAFETY AND 
ADVISE CITY MANAGEMENT THEREON; 

(G) MAINTAIN RELATIONSHIPS WITH 
APPROPIUATE FEDERAL AND STATE REGULATORY 
AGENCIES AFFECTING SAFETY AND WITH RELEVANT 
PROFESSIONAL ORGANIZATIONS; AND 

(H) DEVELOP AND MAINTAIN PROGRAMS TO 
ENHANCE THE PROFESSIONAL EDUCATION OF ALL 
EMPLOYEES INVOLVED IN SAFETY ACnVITIES. 

5. Administration: Board of Trustees. 

CD Panel of Hearing Examiners. There shall be a 
Panel of Hearing Examiners as provided for in Section 
9Cp'). to hear matters as hereinafter provided, for all Qass 
A and Class B members. All applications of Qass A and 
Class B members for ordinary disability, accidental 
disability, accidental death, and any matters related 
thereto, filed on or before June 30, 1979, shall be heard 
by the Board of Trustees pursuant to the provisions of 
Article 22 existing as of the date of said application. All 



330 



« 



Ord. No. 370 



applications for such claims filed on or after July 1, 1979. 
shall be heard by the Panel of Hearing Examiners. In 
addition, any reexaminations of existing retirees made on 
or after July 1. 1979, and any matters related thereto 
shall be under the jurisdiction of the Panel of Hearing 
Examiners. 

Any ordinary disability and accidental disability 
claimant, who is a Qass A or Qass B member, must make 
proper application to the Panel of Hearing Examiners, 

which application shall include a medical certification of —^ 

his disability and all supporting medical docimientation. ^5 

on a form prescribed by the Panel of Hearing Examiners. ^ 

wherein the member shall state he has suffered a ^C 

disability and that such disability preyents him from ^ 

further performance of the duties of his job classification ^ 

in the employ of Baltimore City. If the claim is for an ^ 

accidental disability benefit, he shall in addition, state ^ 

that such mental or physical disability was the natural 

and proximate result of an accident while in the actual 9^ 

performance of his duty at some definite time and place, ^ 

and without willful negligence on his part. Upon receipt ^ 

of the member's application and supporting medical ^ 

documentation, the Panel of Hearing Examiners shall 
haye the member medically examined by the [Medical 
Services Diyisionl DIVISION OF OCCUPATIONAL 
MEDICINE of the Civil Service Commission or their 
designee. The medical examination shall include such 
tests and procedures as may be required, including 
additional examinations, if necessary. Upon completion of 
the medical examination and the receipt of a written 
report including any test results from die examining 
physician, the Panel of Hearing Examiners shall then 
schedule a hearing. The member shall also be required to 
execute a consent form authorizing the Panel of Hearing 
Examiners to obtain all medical records pertaining to both 
off-duty and line-of-duty accidents or illnesses the 
member may have suffered at any time in the past. 

The hearing examiners shall conduct hearings for 
Qass A and Class B members on all matters involving 
ordinary disability claims, accidental disability claims, 
accidental death benefit claims, and any related matters 



331 



Ord. No. 370 



arising out of said claims. One hearins? examiner from the 
panel shall hear a particular claim for benefits. The 
hearing examiners shall conduct said hearings in an 
informal manner with sufficient latitude to provide a fair 
and impartial hearing to all of the parties, without 
requiring strict compliance with the rules of evidence. 
Testimony at the hearings shall be under oath and 
recorded. The hearing examiner shall have the power to 
subpoena and require the attendance of witnesses and the 
production of papers and documents to secure 
information pertinent to the hearing, and to examine 
them in relation thereto. The hearings shall be in the 
nature of an adversary proceeding, and an attorney from 
the Gty Solicitor's office shall act therein on behalf of the 
Board of Trustees of the Employees* Retirement System. 
The member shall have the right to counsel, and shall 
have the burden of proving by a preponderance of the 
evidence the nature and extent of his disability, and that 
said disability prevents him from the further performance 
of the duties of the member's job classification in the 
employ of Baltimore Gty. If the matter involves an 
accidental disabiUty claim, the member shall have the 
burden of proving by a preponderance of the evidence 
that such disability was the natural and proximate result 
of an accident occurring while in the actual performance 
of duty, at some definite time and place vdthout willful 
negligence on the member's part. If the matter involves an 
accidental death claim, the claimant shall have the burden 
of proving by a preponderance of the evidence that the 
death of the member was the direct result of injuries 
sustained in the line of duty or was directly attributable 
to the inherent hazards of the duties performed by such 
employee, and that the death was not caused by willful 
negligence on the part of the member. 

The hearing examiner shall make the follov^ng 
determinations: 

1. Whether the Class A or Class B member has 
suffered an injury or illness of such a nature as to 
preclude the member from the further performance of the 
duties of his job classification in the employ of Baltimore 
City. 



332 



Ord. No. 370 



2. If the claim is for accidental disability benefits, 
whether the mental or physical incapacity is the result of 
an accident occurring while in the actual performance of 
duty at some definite time and place, without willful 
negligence on his part and whether such disability 
qualifies under the provisions of Section 6Ce). 

3. If the claim is for accidental death benefits, 
whether such death was the direct result of injuries 
sustained in the Une of duty or was directly attributable 

to the inherent hazards of the duties performed by such -^ 

employee, and that such death was not caused by the ^5 

willful negligence of the member, and whether such death "^ 

qualifies under the provisions of Section 6Ci). t^ 

The hearing examiner shall issue a vmtten finding of ^a- 

fact setting forth the reasons for his final determination. ^ 

If either party to the hearing conducted by the hearing ..^ 

examiner is aggrieved as a result of the final ^Sf 

determination of the hearing examiner, then the ^2 

aggrieved party may appeal such determination to the j^ 

Baltimore City Court, setting forth that such ^ 

determination is unlavdiil. in whole or in part, and ^ 
specifying the unlawful grounds thereof 

Such appeals shall follow the procedures established 
by the Maryland Rules, as promulgated from time to time, 
by the Court of Appeals of Maryland, with the exception 
that said appeals shall be heard on the record only, on a 
right-of-way basis by the court. 

The final determination of the hearing examiner shall 
be presumptively correct and shall not be disturbed on 
review except when arbitrary, illegal, capricious or 
discriminatory. 

If either party is aggrieved by a decision of the 
Baltimore City Court, the aggrieved party may further 
appeal such decision to the Court of Special Appeals, 
subject to review by the Maryland Court of Appeals. 

Any appeal pursuant to this subsection shall not stay 
or hold in abeyance any payment awarded by the final 



333 



Ord. No. 370 



determination of the hearing examiner, until such time as 
the Baltimore City Court or other Appellate Court 
overturns said determination. In the event an Appellate 
Court reverses an award of benefits, said reversal shall 
operate to stop payment of any benefits being made to 
the claimant, pending any further appeal. 

If neither party files an appeal, then upon the 
expiration of thirty (30) days following the notice of the 
hearing examiner's written finding of fact, the hearing 
examiner^s determination shall be final and binding, 
subject to the Panel of Hearing Examiners' right to 
reexamination as provided in Sections 6Cd) and 6Cf). 

6. Benefits. 

Cc) Ordinary disability retirement benefit for any 
Class A or Class B member who was an employee on or 
after June 29. 1989. 

C9) The Panel of Hearing Examiners may, at its 
discretion but not more frequendy than once in any one 
year, require any retired Class A or Gass B member, who 
is receiving a disability retirement allowance and, who 
has not yet attained age sixty (60) . to undergo a medical 
examination to determine whether he has become fit to 
resume duties in the nature of those he was i>erforming 
prior to his retirement. Such examination shall be made 
in the place of residence of said retiree, or other place 
mutually agreed upon by the retiree and a physician or 
physicians designated by the Panel of Hearing Examiners. 
The examining physician shall report his findings to the 
Panel of Hearing Examiners. If in the opinion of the 
examining physician, said retiree is able to resume said 
duties, the [Medical Services Division] DIVISION OF 
OCCUPATIONAL MEDICINE of the Civil Service 
Commission or applicable departmental physician shall 
thereafter conduct a re -examination of said retiree; and if 
it concurs in the opinion of the examining physicians, it 
shall certify to the Panel of Hearing Examiners that said 
retiree is fit for the further performance of duties in the 
nature of those he was performing prior to his retirement. 
If the examining physicians' opinions do not concur, the 



334 



s 
^ 



Ord. No. 370 



Panel of Hearing Examiners shall schedule a hearing to 

determine the fitness of a retiree to perform his former 

duties. The Panel of Hearing Examiners shall thereafter 

submit its determination to the head of the department in 

which the retiree was employed prior to his retirement. 

and in the case of classified employees, to the Civil 

Service Commission. For purpose of re-employment, the 

retiree shall be treated by the head of his department and 

by the Gvil Service Commission as if he were an 

employee on leave of absence without pay. Until he is 

actually re-employed by the Gty as an employee he shall -^ 

continue to receive his ordinary disability retirement ^5 

allowance. «^ 

A disability retiree who has been certified as fit for ^ 

further performance of his duties and is restored to active ^ 

service at a compensation not less than the annual rate of ^ 

compensation being paid currently to persons in the same 
grade and step as the retiree was at the time of his 

retirement, plus the amount of any longevity payments % 

currently being paid for the length of service the retiree ^ 

had at the time of his retirement, shall cease to receive ^ 

his retirement allowance. He shall again become a Qass A tf 

or Qass B member of the retirement system and shall 
contribute thereafter at the current rate of contribution. 
Any previous service credit on the basis of which his 
service was computed at the time of his retirement shall 
be restored to full force and effect and in addition, upon 
his subsequent retirement, he shall be credited with all his 
service as a member. 

Should such disability retiree who has been certified 
as fit for the further performance of his duties refuse to 
accept an offer of re-employment by the City involving 
duties in the nature of those he was performing prior to 
his retirement and at a salary not less than the rate of 
annual compensation being paid currently to persons in 
the same grade and step as the retiree was at the time of 
his retirement, plus the amount of any longevity 
payments currently being paid for the length of service 
the retiree had at the time of his retirement, all rights in 
and to his pension shall be revoked by the Board of 



335 



Ord. No. 370 



Trustees, upon recommendation made by the Panel of 
Hearing Examiners. 

Should such disability retiree refuse to submit to the 
medical examinations herein provided for, his ordinary 
disability retirement allowance may be discontinued until 
the withdrawal of said refusal, and should his refusal 
continue for one CD year, all rights in and to his pension 
shall be revoked by the Board of Trustees upon recom- 
mendation made by the Panel of Hearing Examiners. 

Cd) Ordinary disability retirement benefit for any 
Gass A or Class B member who was an employee on or 
after July 1, 1987, but not after June 28. 1989. 

C9) The Panel of Hearing Examiners may, at 
its discretion but not more frequently than once in any 
one year, require any retired Qass A or Qass B member, 
who is receiving a disability retirement allowance and, 
who has not yet auained age sixty (60), to undergo a 
medical examination to determine whether he has 
become fit to resume duties in the nature of those he was 
performing prior to his retirement. Such examination 
shall be made in the place of residence of said retiree, or 
other place mutually agreed upon by the retiree and a 
physician or physicians designated by the Panel of 
Hearing Examiners. The examining physician shall report 
his findings to the Panel of Hearing Examiners. If in the 
opinion of the examining physician, said retiree is able to 
resume said duties, the [Medical Sendees Divisioni 
DIVISION OF OCCUPATIONAL MEDICINE of the Civil 
Service Commission or applicable departmental physician 
shall thereafter conduct a re-examination of said retiree; 
and if it concurs in the opinion of the examining 
physicians, it shall certify to the Panel of Hearing 
Examiners that said retiree is fit for the further 
performance of duties in the nature of those he was 
performing prior to his retirement. If the examining 
physicians' opinions do not concur, the Panel of Hearing 
Examiners shall schedule a hearing to determine the 
fimess of a retiree to perform his former duties. The 
Panel of Hearing Examiners shall thereafter submit its 
determination to the head of the department in which the 



336 



Ord. No. 370 



retiree was employed prior to his retirement, and in the 
case of classified employees, to the Gvil Service 
Commission. For purpose of re-employment, the retiree 
shall be treated by the head of his department and by the 
Ciyil Service Commission as if he were an employee on 
leave of absence without pay. Until he is actually re- 
employed he shall continue to receive his ordinary 
disability retirement allowance. 

A disability retiree who has been certified as fit for 
further performance of his duties and is restored to active -.^ 

service at a compensation not less than the annual rate of S^ 

compensation being paid currently to persons in the same ^J 

grade and step as the retiree was at the time of his Gc 

retirement, plus the amount of any longevity payments €^ 

currently being paid for the length of service the retiree ^ 

had at the time of his retirement, shall cease to receive ^ 

his retirement allowance. He shall again become a Qass A "^ 

or Qass B member of the retirement system and shall ^^ 

contribute thereafter at the current rate of contribution. ^P 

Any previous service credit on the basis of which his ^ 

service was computed at the time of his retirement shall ^ 

be restored to full force and effect and in addition, upon ^ 

his subsequent retirement, he shall be credited with all his 
service as a member. 

Should such disability retiree who has been certified 
as fit for the further performance of his duties refuse to 
accept an offer of re-employment by the City involving 
duties in the nature of those he was performing prior to 
his retirement and at a salary not less than the rate of 
annual compensation being paid currently to persons in 
the same grade and step as the retiree was at the time of 
his retirement, plus the amount of any longevity 
payments currently being paid for the length of service 
the retiree had at the time of his retirement, all rights in 
and to his pension shall be revoked by the Board of 
Trustees, upon recommendation made by the Panel of 
Hearing Examiners. 

Should such disability retiree refuse to submit to the 
medical examinations herein provided for, his ordinary 
disability retirement allowance may be discontinued until 



337 



(^ 



Ord. No. 370 



the withdrawal of said refusal, and should his refusal 
continue for one (1) year, all rights in and to his pension 
shall be revoked by the Board of Trustees upon recom- 
mendation made by the Panel of Hearing Examiners. 

Cf) Allowance on accidental disability retirement. 

C9) The Panel of Hearing Examiners may, at its 
discretion, but not more frequently than once in any one 
year, require any retired Class A or Class B member, who 
is receiving a disability retirement allowance and who has 
i: not yet attained age sixty C60). to undergo a medical 

examination to determine whether he has become fit to 
resume duties in the nature of those he was performing 
prior to his retirement. Such examination shall be made 
in the place of residence of said retiree, or other place 
mutually agreed upon by the retiree and a physician or 
physicians designated by the Panel of Hearing Examiners. 
The examining physician shall report his findings to the 
Panel of Hearing Examiners. If, in the opinion of the 
examining physician, said retiree is able to resume said 
duties, the [Medical Services Divisioni DIVISION OF 
OCCUPATIONAL MEDICINE of the Ci\dl Service 
Commission or applicable departmental physician shall 
thereafter conduct a re -examination of said retiree: and if 
it concurs in the opinion of the examining physicians, it 
shall certify to the Panel of Hearing Examiners that said 
retiree is fit for the further performance of duties in the 
nature of those he was performing prior to his retirement. 
If the examining physicians' opinions do not concur, the 
Panel of Hearing Examiners shall schedule a hearing to 
determine the fitness of a retiree to perform his former 
duties. The Panel of Hearing Examiners shall, thereafter, 
submit its determination to the head of the department in 
which the retiree was employed prior to his retirement, 
and in the case of classified employees, to the Civil 
Service Commission. For purposes of re-employment the 
retiree shall be treated by the head of his department and 
by the Gvil Service Commission as if he were an 
employee on leave of absence without pay. Until he is 
actually re-employed he shall continue to receive his 
accidental disability retirement allowance. 



338 



Ord. No. 370 



Such disability retiree who has been certified as fit for 
further performance of his duties and is restored to active 
service at a compensation not less than the rate of annual 
compensation being paid currently to persons in the same 
snrade and step as the retiree was at the time of his 
retirement, plus the amount of any longevity payments 
currently being paid for the length of service the retiree 
had at the time of his retirement, shall cease to receive 
his retirement allowance. He shall again become a Gass A 
or Class B member of the retirement system and shall 

contribute thereafter at the current rate of contribution. -^ 

Any previous service credit on the basis of which his ^^ 

service was computed at the time of his retirement shall «^ 

be restored to full force and effect and in addition, upon ^5^ 

his subsequent retirement, he shall be credited with all his ^ 

service as a member. ^ 



« 



Should such disability retiree who has been certified 
as fit for the further performance of his duties refuse to 

accept an offer of re-employment by the City involving ^5 

duties in the nature of those he was performing prior to f^ 

his retirement and at a salary not less than the rate of ^ 

annual compensation being paid currently to persons in ^ 

the same grade and step as the retiree was at the time of 
his retirement, plus the amount of any longevity 
payments currently being paid for the length of service 
the retiree had at the time of his retirement, all rights in 
and to his pension shall be revoked by the Board of 
Trustees, upon recommendation made by the Panel of 
Hearing Examiners. 

Should a disability retiree refuse to submit to the 
medical examinations herein provided for, his accidental 
disability retirement allowance may be discontinued until 
the withdrawal of said refusal, and should his refusal 
continue for one CD year, all rights in and to his pension 
shall be revoked by the Board of Trustees, upon re- 
commendation made by the Panel of Hearing Examiners. 

9. Qass C Membership. 

ill Ordinary disability retirement benefit. 

339 



Ord. No. 370 



(5) Re-examination. The Panel of Hearing 
Examiners may, at its discretion, but not more frequently 
than once in any one year, require any retired Class C 
member, who is receiving an ordinary disability 
retirement benefit and who has not yet attained age sixty- 
five (65). to undergo a medical examination to determine 
whether the retiree has become fit to resume the duties of 
his former job classification. Such examination shall be 
made in the place of residence of said retiree, or other 
place mutually agreed upon by the retiree and a physician 
or physicians designated by the Panel of Hearing 
Examiners. The examining physician shall report his 
findings to the Panel of Hearing Examiners. If. in the 
opinion of the examining physician, said retiree is able to 
resume said duties, the [Medical Services Divisioni 
DIVISION OF OCCUPATIONAL MEDICINE of the Gvil 
Service Commission or applicable departmental physician 
shall thereafter conduct a re -examination of said retiree at 
a reasonable site determined by the [Medical Services 
Divisioni DIVISION OF OCCUPATIONAL MEDICINE: and 
if it concurs in the opinion of the examining physicians, it 
shall certify to the Panel of Hearing Examiners that said 
retiree is fit to perform the duties of his former job 
classification. If the examining physicians' opinions do not 
concur, the Panel of Hearing Examiners shall schedule a 
hearing to determine the fitness of a retiree to perform 
the duties of his former job classification. The Panel of 
Hearing Examiners shall thereafter submit its 
determination to the head of the department in which the 
retiree was employed prior to retirement, and in the case 
of classified employees, to the Civil Service Commission. 
For purposes of re -employment, the retiree shall be 
treated by the head of his department and by the Gvil 
Service Commission as if he were an employee on leave 
of absence without pay. Until actually re-employed, the 
retiree shall continue to receive his ordinary disability 
retirement benefit. 

A retiree on ordinary disability retirement who has 
been certified as fit to perform the duties of his former 
job classification and is restored to active service at a 
compensation not less than the rate of annual 
compensation being paid currently to persons in the same 



340 



Ord. No. 370 



grade and step as the retiree was at the time of disability 
retirement, shall cease to receive ordinary disability 
retirement benefits. The retiree shall again become a 
Qass C member of the retirement system. Any previous 
sendee credit on the basis of which sendee was computed 
at the time of ordinary disability retirement shall be 
restored to full force and effect; and in addition, upon the 
retiree's subsequent retirement, all service as a member 
shall be credited. 

A retiree on ordinary disability retirement may ^ 

voluntarily accept employment with the Gty at a ^5 

compensation less than the rate of annual compensation ^f 

being paid currently to persons in the same grade and "^ 

step as the retiree was at the time of disability retirement. ^ 

Said retiree shall cease to receive the ordinary disability .^ 

retirement benefits and shall again become a Class C ^ 

member of the retirement system. Any previous service ,^^ 

credit on the basis of which sendee was computed at the ^5 

time of ordinary disability retirement shall be restored to ^2 

full force and effect; and in addition, upon the retiree's J^ 

subsequent retirement, all service as a member shall be ^ 

credited and the retirement benefits awarded shall not be ^ 

less than the ordinary disability retirement benefits 
previously received. If such retiree terminates 
employment with the Gty before being eligible for any 
service retirement benefits, the ordinary disability 
retirement benefit the retiree was previously receiving 
shall be restored to full force and effect. 

Should a retiree on ordinary disability retirement who 
has been certified as fit to perform the duties of his 
former job classification refuse to accept an offer of re- 
employment by the Gty involving duties in the nature of 
those performed prior to retirement and at a salary not 
less than the rate of annual compensation being paid 
currently to persons in the same grade and step as the 
retiree was at the time of disability retirement, all rights 
in and to ordinary disability retirement benefits shall be 
revoked by the Board of Trustees. 

Should a retiree on ordinary disability retirement 
refuse to submit to the medical examinations herein 



341 



Old. No. 370 



provided for, the ordinary disability retirement benefit 
may be discontinued until the withdrawal of said refusal: 
and should the retiree's refusal continue for one CI) year, 
all rights in and to the ordinary disability retirement 
benefits shall be revoked by the Board of Trustees. 

For purposes of this Section 9(1), the last sentence of 
Sections 9(e) CD and 9Ce)C2) shall not apply with respect 
to employment by the Fire Department of a member to 
perform duties as or substantially similar to a paramedic 
^: (including a cardiac rescue technician) or paramedic 

•y' assistant. When determining the ordinary disability 

benefit under this Section 9Ci), the member's Primary 
Social Security Benefit shall be multiplied by a fraction, 
the nimierator of which shall be the number of years and 
fractions thereof of his service prior to the time he ceased 
to be employed by the City and during which he had Old- 
Age, Survivors and Disability Insurance taxes Cas 
described in Section 3111Ca) of the Internal Revenue 
Code of 1986, as amended) paid on his behalf by the 
City, and the denominator of which is the total number of 
years and fractions thereof of his service prior to the time 
he ceased to be employed by the City. 

Ci) Accidental disability retirement benefit. 

C5) Re-examination. The Panel of Hearing 
Examiners may, at its discretion, but not more frequently 
than once in any one year, require any retired member, 
who is receiving an accidental disability retirement benefit 
and who has not yet attained age sixty-five C65) to 
undergo a medical examination to determine whether the 
retiree has become fit to resume the duties of his former 
job classification. Such examination will be made in the 
place of residence of said retiree, or other place mutually 
agreed upon by the retiree and a physician or physicians 
designated by the Panel of Hearing Examiners. The 
examining physician shall report his findings to the Panel 
of Hearing Examiners. If, in the opinion of the examining 
physician, said retiree is able to resume said duties, the 
[Medical Services Divisioni DIVISION OF 
OCCUPATIONAL MEDICINE of the Civil Service 
Commission or applicable departmental physician shall 



342 



Ord. No. 370 



thereafter conduct a re-examination of said retiree at a 

reasonable site determined by the [Medical Services 

Division! DIVISION OF OCCUPATIONAL MEDICINE: and 

if it concurs in the opinion of the examining physicians, it 

shall certify to the Panel of Hearing Examiners that said 

retiree is fit to perform the duties of his former job 

classification. If the examining physicians* opinions do 

not concur, the Panel of Hearing Examiners shall schedule 

a hearing to determine the fitness of a retiree to perform 

the duties of his former job classification. The Panel of 

Hearing Examiners shall thereafter submit its ^^ 

determination to the head of the department in which the ;^ 

retiree was employed prior to his retirement, and in the ^ 

case of classified employees, to the Civil Service X^ 

Commission. For purposes of re -employment, the retiree ^ 

shall be treated by the head of his department and by the ^ 

Gvil Service Commission as if he were an employee on ^ 

leave of absence without pay. Until he is actually re- -^ 

employed, he shall continue to receive his accidental ^J 

disability retirement benefits. ^5 

A retiree on an accidental disability retirement who ^ 

has been certified as fit to perform the duties of his ^ 

former job classification and is restored to active service 
at a compensation not less than the rate of annual 
compensation being paid currently to persons in the same 
grade and step as the retiree was at the time of his 
accidental disability retirement, shall cease to receive his 
accidental disability retirement benefits. He shall again 
become a member of the retirement system. Any previous 
service credit on the basis of which his service was 
computed at the time of his accidental disability 
retirement shall be restored to full force and effect and in 
addition, upon his subsequent retirement, he shall be 
credited with all his service as a member. 

Should a retiree on an accidental disability retirement 
who has been certified as fit to perform the duties of his 
former job classification refuse to accept an offer of re- 
employment by the Gty involving duties in the nature of 
those he was performing prior to his retirement and at a 
salary not less than the rate of annual compensation 
being paid currently to persons in the same grade and 



343 



t< 



Ord. No. 370 



step as the retiree was at the time of his accidental 
disability retirement, all rights in and to his pension shall 
be revoked by the Board of Trustees. 

Should a retiree on an accidental disability retirement 
refuse to submit to the medical examinations herein 
provided for, his accidental disability retirement benefits 
may be discontinued until the withdrawal of said refusal; 
and should such refusal continue for one (1) year, all 
rights in and to the pension shall be revoked by the Board 
of Trustees. 

A retiree on accidental disability retirement who has 
not been certified as fit to perform the duties of his 
former job classification may voluntarily accept alternate 
employment with the City. Said retiree shall cease to 
receive the accidental disability retirement benefits and 
shall again become a Class C member of the retirement 
system. Any previous service credit on the basis of which 
service was computed at the time of accidental disability 
retirement shall be restored to full force and effect: and in 
addition, upon the retiree's subsequent retirement, all 
service as member shall be credited and the retirement 
benefits awarded shall not be less than the accidental 
disability retirement benefits previously received. If such 
retiree terminates employment with the City before being 
eligible for any sendee retirement benefits, the accidental 
disability retirement benefit the retiree was previously 
receiving shall be restored to full force and effect. 

Fire and Police Employees' Retirement System 

33. Administration. 

CD Panel of Hearing Examiners. There shall be a 
Panel of Hearing Examiners, which shall be composed of 
persons with a demonstrated knowledge and competence 
in disability claims evaluation. The hearing examiners 
shall be appointed on a contract basis by the Board of 
Estimates of Baltimore City, and the number and 
composition of said panel shall be at the discretion of the 
Board of Estimates. The Board of Estimates shall 
determine the fees to be paid said hearing examiners and 



344 



Ord. No. 370 



the conditions of their contracts. This Panel of Hearing 
Examiners shall be the same panel as provided for in 
Section 9Cp) of Article 22, subtitle ""Employees' Retirement 
System". Within fifteen C15) days after the passage of this 
ordinance, the Board of Trustees shall have the right to 
submit a list of qualified candidates to be considered by 
the Board of Estimates in creating the original Panel of 
Hearing Examiners. In addition, from time to time, if the 
Board of Estimates decides to increase the number of 
hearing examiners, it shall notify the Board of Trustees, 

and the Board of Trustees shall have the right within ^ 

fifteen CIS") days from such notice, to submit a list of ^ 

recommended candidates. Thereafter, the Board of ^ 

Trustees, working in conjunction with the Board of -^ 

Trustees of the Employees' Retirement System of ^ 

Baltimore City, from time to time, shall notify the Board ^^ 

of Estimates whenever a vacancy exists, and C^ 

simultaneously with such notice, shall have the right to ^^^ 

submit a list of recommendations to fill such vacancies. 2^ 

However, in all events, the Board of Estimates shall have ^ 

the power to make the final selection of hearing r^ 

examiners from either the list submitted by the Board of ^ 

Trustees, or independent of such Board of Trustees tf 

recommendations. 

The compensation of the members of the Panel of 
Hearing Examiners, as well as the compensation of all 
persons engaged by the Panel of Hearing Examiners, and 
all other expenses of the Panel necessary for its operation, 
shall be paid at such rates and in such amounts as the 
Board of Estimates shall approve, pursuant to the 
provisions of the City Charter. 

Any ordinary disability or special disabiHty claimant 
must make proper application to the Panel of Hearing 
Examiners, which application shall include a medical 
certification of his disability and all supporting medical 
documentation, on a form prescribed by the Panel of 
Hearing Examiners, wherein the member shall state he 
has suffered a disability and that such disability prevents 
him from further performance of the duties of his job 
classification in the employ of Baltimore Gty. If the claim 
is for a special disability benefit, he shall in addition, state 



345 



Ord. No. 370 



that such physical incapacity was the result of an injury 
arising out of and in the course of the actual performance 
of his duty, without willful negligence on his part. Any 
member who has joined this system on or after July 1. 
1979, and who makes application for a special disability 
benefit must additionally state that the disability resulted 
from an injury that occurred within five C5) years of the 
date of his application. Upon receipt of the member^s 
application and supporting medical documentation, the 
Panel of Hearing Examiners shall have the member 
medically examined by the [Medical Services Division] 
DIVISION OF OCCUPATIONAL MEDICINE of the Civil 
Service Commission or their designee. The medical 
examination shall include such tests and procedures as 
may be required, including additional examinations if 
necessary. Upon completion of the medical examination 
and the receipt of a written report including any test 
results from the examining physician, the Panel of 
Hearing Examiners shall then schedule a hearing. The 
member shall also be required to execute a consent form 
authorizing the Panel of Hearing Examiners to obtain all 
medical records pertaining to both off-duty and line-of- 
duty accidents or illnesses the member may have suffered 
at any time in the past. 

The hearing examiner shall conduct hearings for all 
members on all matters involving ordinary disability 
claims, special disability claims, special death benefit 
claims, and any related matters arising out of said claims. 
In addition, any re-examination of the existing retirees on 
or after July 1, 1979, and any matter related thereto, 
shall be under the jurisdiction of the Panel of Hearing 
Examiners. One hearing examiner from the Panel shall 
hear a particular claim for benefits. The hearing examiner 
shall conduct hearings in an informal manner with 
sufficient latitude to provide a fair and impartial hearing 
to all of the parties vdthout requiring strict compliance 
with the rules of evidence. Testimony at the hearing shall 
be under oath and recorded. 

The hearing examiner shall have the power to 
subpoena and require the attendance of vdtnesses and the 
production of papers and documents to secure 



346 



Orel. No. 370 



information pertinent to the hearing, and to examine 

them in relation thereto. The hearings shall be in the 

nature of an adversary proceeding, and an attorney from 

the Gty Solicitor's office shall act therein on behalf of the 

Board of Trustees of the Fire and Police Employees' 

Retirement System. The member shall have the right to 

counsel, and shall have the burden of proving by a 

preponderance of the evidence the nature and extent of 

his disability, and that said disability prevents him from 

the further performance of the duties of the member's job 

classification in the employ of Baltimore City. -^ 

If the matter involves a special disability claim, the ^ 

member shall have the burden of proving by a 5^ 

preponderance of the evidence that such disability was ^ 

the result of an injury arising out of and in the course of ^ 

the actual performance of duty, without willful negligence ^ 

on the member's part. If the matter involves a special ^ 

death claim, the claimant shall have the burden of ^^ 

proving by a preponderance of the evidence that the ;^ 

death of the member arose out of and in the course of the ^ 

actual performance of duty, and that the death was not ^ 

cause by willful negligence on the part of the member. ^ 

The hearing examiner shall make the following 
determinations: 

CI") Whether the member has suffered an injury 
or illness of such a nature as to preclude the member 
from the further performance of the duties of his job 
classification in the employ of Baltimore City. 

C2) If the claim is for special disability benefits, 
whether the physical incapacity is the result of an injury 
arising out of and in the course of the actual performance 
of duty, without willful negligence on his part, and 
whether such disability qualifies under the provisions of 
Section 34 Ce). If such claim is filed by a member who 
joined this system on or after July 1, 1979, the hearing 
examiner shall additionally determine whether such 
disability resulted from an injury that occurred within five 
C5) years of the date of the member's application. 



347 






Ord. No. 370 



C3) If the claim is for special death benefits, 
whether such death arose out of and in the course of the 
actual performance of duty, and such death was not 
caused by the willful negligence of the member, and 
whether such death qualifies under the provisions of 
Section 34Ci). 

The hearing examiner shall issue a written finding of 
fact setting forth the reasons for his final determination. 
If either party to the hearing conducted by the hearing 
examiner is aggrieved as a result of the final 
determination of the hearing examiner, then the 
aggrieved party may appeal such determination to the 
Baltimore City Court, setting forth that such 
determination is unlawful, in whole or in part, and 
specifying the unlawful ground thereof. 

Such appeals shall follow the procedures established 
by the Maryland Rules, as promulgated from time to time, 
by the Court of Appeals of Maryland, with the exception 
that said appeals shall be heard on the record only, on a 
right-of-way basis by the Court. 

The final determination of the hearing examiner shall 
be presumptively correct and shall not be disturbed on 
review except when arbitrary, illegal, capricious or 
discriminatory. If either party is aggrieved by a decision 
of the Baltimore City Court, the ag5?rieved party may 
further appeal such decision to the Court of Special 
Appeals, subject to review by the Maryland Court of 
Appeals. 

Any appeal pursuant to this subsection shall not stay 
or hold in abeyance any payment awarded by the final 
determination of the hearing examiner, until such time as 
the Baltimore City Court or other Appellate Court 
overturns said determination. In the event that an 
Appellate Court reverses an award of benefits, said 
reversal shall operate to stop payment of any benefits 
being made to the claimant, pending any further appeal. 



348 



^ 

^ 



Ord. No. 370 



If neither party files an appeal, then upon the 
expiration of thirty (30) days following the notice of the 
hearing examiner^s written finding of fact, the hearing 
examiner's determination shall be final and binding, 
subject to the Panel of Hearing Examiners' right to re- 
examination as provided for in Section 34 Cg). 

34. Benefits 

Cg) Re-examination of beneficiaries retired on 
account of disability. :^ 

CD The Panel of Hearing Examiners may, at its ^ 

discretion but not more frequently than once in any one -^ 

year, require any retired member, who is receiving a ^ 

disability retirement allowance and who has not yet ^^ 

attained age fifty-five (55), to undergo a medical ^ 

examination to determine whether he has become fit to 
resume duties in the classification in which he was 

performing duties at the time of his retirement. Such ^2 

examination shall be made in the place of residence of r^ 

said retiree, or other place mutually agreed upon by the ^ 

retiree and a physician or physicians designated by the ^ 

Panel of Hearing Examiners. The examining physician 
shall report his findings to the Panel of Hearing 
Examiners. If, in the opinion of the examining physician, 
said retiree is able to resume said duties, the [Medical 
Services Division] DIVISION OF OCCUPATIONAL 
MEDICINE of the Civil Service Commission or applicable 
departmental physician shall thereafter conduct a re- 
examination of said retiree; and if it concurs in the 
opinion of the examining physicians, it shall certify to the 
Panel of Hearing Examiners that said retiree is fit for the y 
further performance of duties in the classification in 
which he was performing duties at the time of his 
retirement. If the examining physicians' opinions do not 
concur, the Panel of Hearing Examiners shall schedule a 
hearing to determine the fitness of a retiree to perform 
his former duties. The Panel of Hearing Examiners shall 
thereafter submit its determination to the head of the 
department in which the retiree was employed at the time 
of his retirement, and in the case of classified employees, 
to the Civil Service Commission. For purposes of re- 



349 






Ord. No. 370 



employment, the retiree shall be treated by the head of 
his department and by the Civil Service Commission as if 
he were an employee on leave of absence without pay. 
Until such time as he is actually re-employed he shall 
continue to receive his disability retirement allowance. 

A disability retiree who has been certified as fit for 
further performance of his duties and is restored to active 
service at the rate of compensation being paid ciurently 
to persons in the same grade and step as the retiree was 
at the time of his retirement, plus the amount of any 
longevity payments currently being paid for the length of 
service the retiree had at the time of his retirement, shall 
cease to receive his retirement allowance. He shall again 
become a member of the retirement system and shall 
contribute thereafter at the current rate of contribution. 
Any previous service credit on the basis of which his 
service was computed at the time of his retirement shall 
be restored to full force and effect and in addition, upon 
his subsequent retirement, he shall be credited with all his 
service as a member. 

Should a disability retiree who has been certified as 
fit for the further performance of his duties refuse to 
accept an offer of re-employment as an "employee", as 
said term is defined in paragraph (2) of Section 30 of this 
subtitle, "Fire and Police Employees", in the classification 
in which he was performing duties at the time of his 
retirement and at a compensation not less than the rate 
of compensation being paid currently to persons in the 
same grade and step as the retiree was at the time of his 
retirement, plus the amount of any longevity payments 
currently being paid for the length of service the retiree 
had at the time of his retirement, all rights in and to his 
pension shall be revoked by the Board of Trustees, up 
recommendation made by the Panel of Hearing 
Examiners. Should a disability retiree refuse to submit to 
the medical examinations herein provided for, his 
allowance may be discontinued until the withdrawal of 
said refusal, and should his refusal continue for one year, 
all rights in and to his pension shall be revoked by the 
Board of Trustees, upon recommendation made by the 
Panel of Hearing Examiners. 



350 



Ord. No. 371 



SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Office of Occupational Medicine and Safety shall transfer 
to the Division of Occupational Medicine and the Division 
of Safety in the Qvil Service Commission all personnel, 
funds, records equipment and facilities of the Office of 
Occupational Medicine and Safety. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved June 22, 1994 ':^ 

KURT L. SCHMOKE, Mayor ^ 

CITY OF BALTIMORE ^ 

ORDINANCE NO. 371 tl^ 

(Council Bill No. 822) 



AN ORDINANCE concerning j^ 

BOND ISSUE - COMMUNITY DEVELOPMENT LOAN - ^ 

$7,000,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution VI of 
1994 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Seven 
Million Dollars ($7,000,000.00), the proceeds derived 
from the sale thereof to be used for the cost of 
issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of 
such proceeds to be used for or in connection with 
planning, developing, executing, and making 
operative the Community Development Program of 
the Mayor and City Coimcil of Baltimore, including, 
but not limited to, the acquisition, by purchase, lease, 
condemnation or any other legal means, of land or 
property, or any right, interest, franchise, easement or 



351 



<^ 



Ord. No. 371 



privilege therein, in the Qty of Baltimore; the 
payment of any and all costs and expenses incurred in 
connection with or incidental to the acquisition and 
management of said land or property, including any 
and all rights or interest therein hereinbefore 
mentioned; the payment of any and all costs and 
expenses incurred for or in connection with relocating 
and moving persons or other legal entities displaced 
by the acquisition of said land or property, or any of 
the rights or interest therein hereinbefore mentioned; 
the development, or redevelopment, including, but 
^^ not limited to, the comprehensive renovation or 

•;||i rehabilitation of any land or property, or any rights or 

interests therein hereinbefore mentioned, in the Gty 
of Baltimore, and the disposition of land and property 
for such purposes; the elimination of unhealthful, 
unsanitary or imsafe conditions, lessening density, 
eliminating obsolete or other uses detrimental to the 
public welfare or otherwise removing or preventing 
the spread of blight or deterioration in the Qty of 
Baltimore; the demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other 
structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or 
services, and other structures or improvements; the 
payment of any and all costs and expenses incurred 
for or in connection with doing any or all of the 
things herein mentioned, including, but not limited 
to, the costs and expenses of securing administrative, 
appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other 
professional services; and for doing any and all thin 
necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of 
refunding bonds; limiting the use of the proceeds of 
the sale of the bonds to expenditures for capital 
improvement projects having an estimated average 
service life of not less than fifteen (15) years, and 
providing that such proceeds shall not be used for 
current operating expenses of the Qty; conferring and 



352 



Old. No. 371 



imposing upon the Board of Finance of Baltimore Qty 

certain powers and duties; authorizing the submission 

of this Ordinance to the legal voters of the Qty of 

Baltimore, for their approval or disapproval, at the 

General Election to be held in Baltimore Qty on 

Tuesday, the 8th day of November, 1994 and 

providing for the expenditure of the proceeds of sale 

of said certificates of indebtedness in accordance with 

the provisions of the Charter of the Mayor and Qty 

Council of Baltimore, and by the municipal agency 

designated in the annual Ordinance of Estimates of ^ 

the Mayor and Qty Council of Baltimore. 2^ 

WHEREAS, By Resolution VI of 1994 approved by the 5^ 

members of the General Assembly of Maryland ^ 

representing Baltimore Qty, the Mayor and Qty Council ^ 

of Baltimore is authorized to create a debt and to issue ^ 

and sell its certificates of indebtedness (hereinafter called ^^ 

"bonds") as evidence thereof, in an aggregate principal ^^ 

amount not exceeding Seven Million Dollars ^ 

($7,000,000.00) in the manner and upon the terms set ^ 

forth in the bonds, not exceeding the par value of the ^ 

bonds, to be used in connection v^th the Community ^ 
Development Program of the Mayor and Qty Council of 
Baltimore as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amount not exceeding Seven Million Dollars 
($7,000,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 
time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be 



353 






Ord. No. 371 



approved by a majority of the votes of the legal voters of 
Baltiinore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations 
of not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars C$500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
imder the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest 
at such rate or rates as may be determined by the Board 
of Finance, w^hich rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 



354 



Ord. No. 371 



(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to 

be issued hereunder or any part thereof; the form, terms ;^ 

and conditions of such bids; the time, place and manner ^ 

of awarding bonds so bid for, including the right ^ 

whenever any of the bonds authorized by this Ordinance 5^ 

are offered for sale and sold at the same time as other ^ 

bonds of the Qty, to establish the conditions for bids and ^ 
awards and to award all of the bonds on an all or none ^ 

basis; and the time, place, terms and manner of ^ 

setdement for the bonds so bid for. ^i 

SEC. 4. AND BE IT FURTHER ORDAINED, That: ^ 

(a) All premiums resulting from the sale of any ^ 
of the bonds issued and sold pursuant to the provisions of 

this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereof), shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 



355 



Ord. No. 371 



competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

■::; SEC. 5. AND BE IT FURTHER ORDAINED, That until 

',*'■' all of the interest on and principal of any bonds issued 

pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
City of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore Qty, on Tuesday, 
the 8th day of November, 1994. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 



356 



Ord. No. 371 



authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 

and general administrative expenses of the Department of ^ 

Finance reasonably allocated to the issuance of the ^ 

bonds); and ^ 

(b) The remainder of such proceeds shall be <^ 
used for or in connection with planning, developing, ^ 
executing and making operative the Community ^ 
Development Program of the Mayor and Qty Council of 
Baltimore, including, but not limited to: 



(i) The acquisition, by purchase, lease, ^ 

condemnation, or any other legal means, of land or ^ 

property, or any right, interest, franchise, easement or ^ 
privilege therein, in the Qty of Baltimore; 

(ii) The payment of any and all costs and 
expenses inciured in connection v^th or incidental to the 
acquisition and management of said land or property, 
including any and all rights or interest therein 
hereinbefore mentioned; 

(iii) The payment of any and all costs and 
expenses incurred for or in connection with relocating 
and moving persons or other legal entities displaced by 
the acquisition of said land or property, or any of the 
rights or interests therein hereinbefore mentioned; 

(iv) The development or redevelopment, 
including, but not limited to, the comprehensive 
renovation or rehabilitation of any land or property, or 
any rights or interests therein hereinbefore mentioned, in 
the Qty of Baltimore, and the disposition of land and 
property for such purposes; 



357 



Ord. No. 371 



(v) The elimination of unhealthful, 
unsanitary or unsafe conditions, lessening density, 
eliminating obsolete or other uses detrimental to the 
public welfare or otherwise removing or preventing the 
spread of blight or deterioration in the City of Baltimore; 

(vi) The demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other structures 
or improvements, and for the construction, 
-:' : reconstruction, installation, relocation or repair of 

;^;! buildings, streets, highways, alleys, utilities or services, 

•Jjl and other structures or improvements; 

(vii) The payment of any and all costs and 
expenses incurred for or in connection with doing any or 
all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 
professional services; and 

(viii) Doing any and all things necessary, 
proper or expedient in connection with or pertaining to 
any or all of the matters or things hereinbefore 
mentioned. 

All such land or property shall be 
acquired, developed, redeveloped, renovated, 
rehabilitated, altered, improved, held or disposed of, as 
provided by law. 

(c) The use of the proceeds of the sale of the 
bonds shall be limited to expenditures for capital 
improvement projects having an estimated average service 
life of not less than fifteen (15) years, and such proceeds 
shall not be used for current oj^erating expenses of the 
aty. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 



358 



Ord. No. 371 



(a) The Mayor and City Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 

Council of Baltimore, acting by and through the Board of ^ 

Finance thereof, for the purpose, of providing it with funds ^ 

to pay any of its outstanding bonds authorized to be ^ 

issued imder the provisions of this Ordinance at maturity, '^ 

to purchase in the open market any of its outstanding ^ 

bonds authorized to be issued under the provisions of this ^a- 

Ordinance prior to their maturity, to redeem prior to their ^ 

maturity any outstanding bonds which are, by their terms, ^^^ 

redeemable, to pay interest on any outstanding bonds 2^ 

prior to their payment at maturity or purchase or ^2 

redemption in advance of maturity, or to pay any ^ 

redemption or purchase premium m connection with the ^ 

refunding of any of its outstanding bonds authorized to '^ 

be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 

(1) ReaHzing savings to Baltimore Qty the 
aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including. 



359 



il 



Ord. No. 371 



improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be issued in whatever principal amount shall be 
required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the 
principal amount of the bonds refunded or the maximum 
principal amount of bonds authorized to be issued under 
Section 1 of this Ordinance. 



* I (d) Any refunding bonds authorized to be 



issued and sold under the provisions of this Ordinance 
may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; 
provided that the entire principal amoimt represented by 
the refunding bonds shall be discharged not more than 
forty (40) years from the date of issuance of the bonds 
being refunded. 

(e) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a 
price or prices which may be at, above or below the par 
value of the refunding bonds, as determined by resolution 
of the Board of Finance of the Mayor and Qty Council of 
Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall 
be sold to the highest responsible bidder or bidders 
therefor after due notice of such sale, but the Mayor and 
Qty Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject 
any or all bids therefor for any reason. 

(f) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
shall bear interest at such rate or rates as may be 
determined by the Board of Finance of the Mayor and 
Qty Council of Baltimore, which rate or rates may be 
fixed or variable or as determined by a method approved 



360 



Ord. No. 372 



by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by 
the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 5 

(h) Except as otherwise provided in this ^ 

Section 9, the powers granted in, the limitations and "^ 

obligations imposed by, and the procedures specified in ^ 

this Ordinance with respect to the issuance of bonds shall -^ 

be applicable to the issuance of refunding bonds. i^. 

-A 

(i) Any refunding bonds authorized to be ^^ 

issued and sold under the provisions of this Ordinance ^2 

shall not be subject to any debt policy limitation that may J^ 

from time to time be established by the Mayor and Qty ^ 

Council of Baltimore. ^ 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved June 30, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 372 
(CouncU Bill No. 824) 



361 



^ 



Ord. No. 372 

AN ORDINANCE concerning 

BOND ISSUE - HEALTH LOAN - $3,000,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution V of 
1994 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Three 
Million Dollars ($3,000,000.00), the proceeds derived 
from the sale thereof to be used for the cost of 



W') issuance, including the expense of engraving, printing, 

*';; advertising, attorneys' fees, and all other incidental 

expenses connected therewith, and the remainder of 
such proceeds to be used for the acquisition, by 
purchase, condemnation, or any other legal means, of 
land or property, or any rights therein, in the Qty of 
Baltimore, and for constructing and erecting, on said 
land or property, or on any land or property now or 
hereafter owned by the Mayor and Qty Council of 
Baltimore, new buildings, structures and facilities, to 
be used by the Health Department of Baltimore Qty, 
and for additions and improvements to, or the 
modernization, renovation or reconstruction of, 
existing Health Department facilities; and for the 
acquisition and installation of equipment for any and 
all existing facilities or new facilities authorized to be 
constructed, erected, added to, improved, 
modernized, renovated or reconstructed by the 
provisions hereof; the payment of any and all costs 
and expenses incurred for or in connection with doing 
any or all of the things herein mentioned, including, 
but not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, 
surveying, and other professional services; and for 
doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or 
all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; limiting 
the use of the proceeds of the sale of the bonds 
expenditures for capital improvement projects having 



362 



Ord. No. 372 



an estimated average service life of not less than 

fifteen (15) years and providing that such proceeds 

shall not be used for current operating expenses of 

the Qty or other legal entity; conferring and imposing 

upon the Board of Finance of Baltimore Qty certain 

powers and duties; authorizing the submission of this 

Ordinance to the legal voters of the Qty of Baltimore, 

for their approval or disapproval, at the General 

Election to be held in Baltimore Qty on Tuesday, the 

8th day of November, 1994 and providing for the 

expenditure of the proceeds of sale of said certificates ^ 

of indebtedness in accordance with the provisions of 2^ 

the Qiarter of the Mayor and Qty Council of ^ 

Baltimore, and by the municipal agency designated in ^ 

the annual Ordinance of Estimates of the Mayor and ^ 

Qty Council of Baltimore. "^ 



WHEREAS, By Resolution V of 1994 approved by the 
members of the General Assembly of Maryland 



«i 



representing Baltimore Qty, the Mayor and Qty Council ^^ 

of Baltimore is authorized to create a debt and to issue ^ 

and sell its certificates of indebtedness (hereinafter called ^ 

"bonds") as evidence thereof, in an aggregate principal ^ 

amount not exceeding Three Million Dollars 
($3,000,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used in connection with the operations, 
functions, and activities of the Health Department of 
Baltimore Qty as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That tiie Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amount not exceeding Three Million Dollars 
($3,000,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 



363 



Ord. No. 372 



time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

^^ (a) The bonds shall be issued in denominations 

•;5;; of not less than Five Hundred Dollars ($500.00) each, but 

•J|, may be in sums of Five Hundred Dollars ($500.00), or 

:: any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest 
at such rate or rates as may be determined by the Board 
of Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 



364 



-r 



s 



Ord. No. 372 



or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 

behalf of the Mayor and Qty Council of Baltimore, to ^ 

receive bids for the purchase of the bonds authorized to <^ 

be issued hereunder or any part thereof; the form, terms '^ 

and conditions of such bids; the time, place and manner iC? 

of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 

are offered for sale and sold at the same time as other ^5 

bonds of the City, to establish the conditions for bids and ^ 

awards and to award all of the bonds on an all or none ^ 

basis; and the time, place, terms and manner of ^ 

settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any 
of the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereof), shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 



365 



€ 



Ord. No. 372 



(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
',^;, thereof, shall have the right to reject any or all bids 

therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That untU 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
Municipal Election to be held in Baltimore Qty, on 
Tuesday, the 8th day of November, 1994. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such maimer and by such 
means or through such media and at such time or times 



366 



Ord. No. 372 



as may be detennined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 

addition to the premium realized from the sale, if any, for :■' 

the cost of issuance, including the expense of engraving, J^ 

printing, advertising, attorneys' fees, and all other If 

incidental expenses connected therewith (which may '^ 

include the proportion of the compensation of employees !S> 

and general administrative expenses of the Department of '.^ 
Finance reasonably allocated to the issuance of the ^ 

bonds); and ^..^ 

(b) The remainder of such proceeds shall be ^2 
used for the acquisition, by purchase, condemnation or j^ 
any other legal means, of land or prop)erty, or any rights ^ 
therein, in the Qty of Baltimore, and for constructing and ^ 
erecting, on said land or property, or on any land or 

property now or hereafter owned by the Mayor and Qty 
Council of Baltimore, new buildings, structures and 
facilities, to be used by the Health Department of 
Baltimore Qty, and for additions and improvements to, or 
the modernization, renovation or reconstruction of, 
existing Health Department buildings, structures and 
faciUties owned by the Mayor and Qty Council of 
Baltimore, and for equipment of any and all existing or 
new facihties authorized to be constructed, erected, added 
to, improved, modernized, renovated or reconstructed by 
the provisions hereof; the payment of any and all costs 
and expenses incurred for or in connection with doing 
any or all of the things herein mentioned, including, but 
not limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 
professional services; and for doing any and all things 
necessary, proper or expedient in connection with or 



367 



Ord. No. 372 



pertaining to any or all of the matters or things 
hereinbefore mentioned. 

(c) The use of the proceeds of the sale of the 
bonds shall be Umited to expenditures for capital 
improvement projects having an estimated average service 
life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the 
Qty or other legal entity. 

^< SEC. 9. AND BE IT FURTHER ORDAINED, That: 

•< (a) The Mayor and Qty Council of Baltimore, 

:;: acting by and through the Board of Finance thereof, is 

hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued imder the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 



368 



Ord. No. 372 



(1) Realizing savings to Baltimore Qty 
in the aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 

realize a financial objective of Baltimore Qty including, -^ 

improving the relationship of debt service to a source of Ji^ 

payment such as taxes, assessments, or other charges. '.^ 



-r 



^ 



(c) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 5^ 
may be issued in whatever principal amount shall be ^2 
required to achieve the purpose for the issuance of the if^ 
refunding bonds, which amount may be in excess of the ^ 
principal amount of the bonds refunded or the maximum ^ 
principal amount of bonds authorized to be issued under 

Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be issued to mature on such dates and in such 
amoimts as the Board of Finance may determine; 
provided that the entire principal amount represented by 
the refunding bonds shall be discharged not more than 
forty (40) years from the date of issuance of the bonds 
being refunded. 

(e) Any refunding bonds authorized to be 
issued and sold imder the provisions of this Ordinance 
may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a 
price or prices which may be at, above or below the par 
value of the refunding bonds, as determined by resolution 
of the Board of Finance of the Mayor and Qty Qjuncil of 



369 



Ord. No. 372 



Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall 
be sold to the highest responsible bidder or bidders 
therefor after due notice of such sale, but the Mayor and 
Qty Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject 
any or all bids therefor for any reason. 

(f) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 

1^-" shall bear interest at such rate or rates as may be 

'^•';,; determined by the Board of Finance of the Mayor and 

•J Qty Council of Baltimore, which rate or rates may be 

"i fixed or variable or as determined by a method approved 

by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by 
the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold imder the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this 
Section 9, the povsrers granted in, the limitations and 
obligations imposed by, and the procedures specified in 
this Ordinance with respect to the issuance of bonds shall 
be applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
shall not be subject to any debt policy limitation that may 
from time to time be established by the Mayor and Qty 
Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 



370 



Ord. No. 373 



and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved June 30, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 373 



5 

(Council Bill No. 825) ^ 

AN ORDINANCE concerning Ji> 

BOND ISSUE - LYRIC OPERA HOUSE LOAN - $600,000 ^. 

FOR the purpose of authorizing the Mayor and Qty c:^ 

Coimcil of Baltimore (pursuant to Resolution DC of :^ 

1994 approved by the members of the General \f^ 

Assembly of Maryland representing Baltimore Qty) to ^ 

issue and sell its certificates of indebtedness in an ^ 

aggregate principal amount not exceeding Six 
Hundred Thousand Dollars ($600,000.00), the 
proceeds derived from the sale thereof to be used for 
the cost of issuance, including the expense of 
engraving, printing, advertising, attorneys' fees, and 
all other incidental expenses connected therewith, 
and the remainder of such proceeds to be used for the 
acquisition, by purchase, condemnation, or any other 
legal means, of land or property, or any rights 
therein, in the Qty of Baltimore, and for constructing 
and erecting, on said land or property, or on any land 
or property, new buildings, structures and other 
auxiliary facihties, and for the renovation, alternation, 
construction, reconstruction, installation, 
improvement and repair of existing buildings, 
structures and facilities to be or now being used in 
connection with the operations, functions, and 
activities of the Lyric Opera House; and to equip all 
facilities authorized to be constructed, renovated, 
altered or improved by the provisions hereof; the 



371 



Ord. No. 373 



payment of any and all costs and expenses incurred 
for or in connection with doing any or all of the 
things herein mentioned, including, but not limited 
to, the costs and expenses of securing administrative, 
appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other 
professional services; and for doing any and all things 
necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of 
refunding bonds; limiting the use of the proceeds of 
•;^; '■ the sale of the bonds to expenditures for capital 

'iJ improvement projects having an estimated average 

•^ service life of not less than fifteen (15) years, and 



providing that such proceeds shall not be used for 
current operating expenses of the Qty or other legal 
entity; conferring and imposing upon the Board of 
Finance of Baltimore Qty certain powers and duties; 
authorizing the submission of this Ordinance to the 
legal voters of the Qty of Baltimore, for their 
approval or disapproval, at the General Election to be 
held in Baltimore Qty on Tuesday, the 8th day of 
November, 1994 and providing for the expenditure of 
the proceeds of sale of said certificates of 
indebtedness in accordance with the provisions of the 
Qiarter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council 
of Baltimore. 

WHEREAS, By Resolution DC of 1994 approved by the 
members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding Six Hundred Thousand Dollars 
($600,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used in connection v^th the operations, 
functions, and activities of the Lyric Opera House as 
authorized by said Resolution; and 



372 



^ 



Ord. No. 373 



WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amoimt not exceeding Six Hundred Thousand Dollars 

($600,000.00), from time to time, as may be needed or :z. 

required for the purposes hereinafter named and said '5 

bonds shall be sold by the Board of Finance from time to :^ 

time and at such times as shall be requisite, and the i^ 

proceeds derived from the sale of said bonds shall be used Si^ 

for the purposes hereinafter named, provided that this '^ 

Ordinance shall not become effective unless it shall be ^ 

approved by a majority of the votes of the legal voters of 

Baltimore Qty cast at the time and place hereinafter ^^ 

designated by this Ordinance. ^2 

SEC. 2. AND BE IT FURTHER ORDAINED, That: ^ 

(a) The bonds shall be issued in denominations 
of not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
imder the provisions of this Ordinance may be issued to 
mature on such dates and in such amoimts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest 
at such rate or rates as may be determined by the Board 
of Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 



373 






Ord. No. 373 



SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at pubUc sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Coimcil of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereimder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the Qty, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any 
of the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 



374 



^ 



Ord. No. 373 



issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 

thereof), shall be and remain exempt from any and all ::: 

State, county and municipal taxation in the State of ':; 

Maryland. if 

(c) All bonds issued and sold pursuant to the ^J> 
provisions of this Ordinance may be sold at public sale by '.^^ 
the solicitation of competitive bids or at private i^ 
(negotiated) sale without advertisement or solicitation of 

competitive bids, for a price or prices which may be at, "^f 

above or below par value of the bonds, as determined by ^2 

resolution of the Board of Finance of the Mayor and Qty j^ 

Council of Baltimore. If the Board of Finance determines ^ 

to sell the bonds at public sale, the bonds shall be sold to ^ 

the highest responsible bidder or bidders therefor after 

due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Coimcil of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 



375 



4 



Ord. No. 373 



Municipal Election to be held in Baltimore Qty, on 
Tuesday, die 8th day of November, 1994. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds); and 

(b) The remainder of such proceeds shall be 
used for the acquisition, by purchase, condemnation or 
any other legal means, of land or property, or any rights 
therein, in the Qty of Baltimore, and for constructing and 
erecting, on said land or property or on any land or 
property new buildings, structures and other auxiliary 
facilities^ and for the renovation, alteration, construction, 
reconstruction, installation, improvement and repair of 
existing buildings, structures and faciiit e s facilities to be or 
now being used for or in connection with the operations, 
functions and activities of the Lyric Opera House; and to 



376 



Ord. No. 373 



equip all buildings authorized to be constructed, 
renovated, altered or improved under the provisons 
hereof; the payment of any and all costs and expenses 
incurred for or in connection v^th doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; 
and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned; and 






(c) The use of the proceeds of the sale of the 

bonds shall be limited to expenditures for capital ; JC 

improvement projects having an estimated average service *^ 
life of not less than fifteen (15) years, and such proceeds 

shall not be used for current operating expenses of the ^ 

Qty or other legal entity. ^^^ 

SEC. 9. AND BE IT FURTHER ORDAINED, That: ^ 

(a) The Mayor and Qty Council of Baltimore, ^ 

acting by and through the Board of Finance thereof, is i^ 

hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 



377 



4 



Ord. No. 373 



refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be issued for the public purpose of: 

(1) Realizing savings to Baltimore Qty 
in the aggregate cost of debt service on either a direct 
comparison or present value basis; or 

♦;.^ (2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qtys long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt sendee to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be issued in whatever principal amount shall be 
required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the 
principal amount of the bonds refunded or the maximum 
principal amount of bonds authorized to be issued under 
Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; 
provided that the entire principal amount represented by 
the refunding bonds shall be discharged not more than 
forty (40) years from the date of issuance of the bonds 
being refunded. 



378 



Ord. No. 373 



(e) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a 
price or prices which may be at, above or below the par 
value of the refunding bonds, as determined by resolution 
of the Board of Finance of the Mayor and Qty Council of 
Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall 
be sold to the highest responsible bidder or bidders 
therefor after due notice of such sale, but the Mayor and 
Gty Council of Baltimore, acting by and through the j^ 

Board of Finance thereof, shall have the right to reject :%- 

any or all bids therefor for any reason. :i> 



^ 



(0 Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 

shall bear interest at such rate or rates as may be 5^ 

determined by the Board of Finance of the Mayor and ^2 

Qty Council of Baltimore, which rate or rates may be ^ 

fixed or variable or as determined by a method approved ^^ 

by the Board of Finance, and such interest shall be ^ 

payable at such time or times as may be determined by 
the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and City Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this 
Section 9, the powers granted in, the limitations and 
obligations imposed by, and the procedures specified in 
this Ordinance with respect to the issuance of bonds shall 
be applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 



379 



^^ Baltimore. 

i 

> Approved June 30, 1994 



Ord. No. 374 



shall not be subject to any debt policy limitation that may 
from time to time be established by the Mayor and Qty 
Council of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 



KURT L SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 374 

(Council Bill No. 826) 

AN ORDINANCE concerning 

BOND ISSUE - 
MARYLAND GENERAL HOSPITAL LOAN - $1,000,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution I of 
1994 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding One 
Million Dollars ($1,000,000.00), the proceeds derived 
from the sale thereof to be used for the cost of 
issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of 
such proceeds to be used for the development of the 
Maryland General Hospital, including but not limited 
to, the acquisition, construction, reconstruction, 
installation, erection, protection, extension. 



380 



•r 



Ord. No. 374 



enlargement, renovation or modernization of, and 

additions to, buildings, structures or facilities to be or 

now being used by the Maryland General Hospital, 

and for the acquisition and installation of equipment 

for any and all existing facilities or new facilities 

authorized to be constructed, erected, established, 

altered or improved, by the provisions hereof; the 

payment of any and all costs and expenses incurred 

for or in connection with doing any or all of the 

things herein mentioned, including, but not limited 

to, the costs and expenses of securing administrative, 

appraisal, economic analysis, engineering, planning, 

designing, architectural, surveying, and other 

professional services; and for doing any and all things :JC 

necessary, proper or expedient in connection with or :^ 

pertaining to any or all of the matters or things 

hereinbefore mentioned; authorizing the issuance of n^ 

refunding bonds; limiting the use of the proceeds of ^^^ 

the sale of the bonds to expenditures for capital ^^ 

improvement projects having an estimated average ^2 

service life of not less than fifteen (15) years, and ^^ 

providing that such proceeds shall not be used for ^ 

current operating expenses of the Qty or other legal ^ 

entity; conferring and imposing upon the Board of 

Finance of Baltimore Qty certain powers and duties; 

authorizing the submission of this Ordinance to the 

legal voters of the Qty of Baltimore, for their 

approval or disapproval, at the General Election to be 

held in Baltimore Qty on Tuesday, the 8th day of 

November, 1994; providing that any loans made from 

the proceeds shall be self-supporting; and providing 

for the expenditure of the proceeds of sale of said 

certificates of indebtedness in accordance with the 

provisions of the Charter of the Mayor and Qty 

Council of Baltimore, and by the municipal agency 

designated in the annual Ordinance of Estimates of 

the Mayor and Qty Council of Baltimore. 

WHEREAS, By Resolution I of 1994 approved by the 
members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 



381 



Ord. No. 374 



"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding One Million Dollars 
($1,000,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used for Maryland General Hospital facilities 
as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

^-^ SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 

•;$ CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 

•^•' Council of Baltimore, acting by and through the Board of 

^; Finance of said municipality, be and it is hereby 

* authorized and empowered to issue bonds of the Mayor 

and Qty Council of Baltimore in an aggregate principal 
amount not exceeding One Million Dollars 
($1,000,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 
time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations 
of not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 



382 



Ord. No. 374 



(c) The bonds, when issued, shall bear interest 
at such rate or rates as may be determined by the Board 
of Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 

to pass a resolution or resolutions, from time to time, to Z- 

determine and set forth any or all of the following: 5 

(a) The amount of debt to be incurred by the JC 
Mayor and Qty Coimcil of Baltimore at any particular JC 
time, and from time to time, under and piusuant to the ^^ 
provisions of this Ordinance; the date or dates when any i^ 
bonds representing said debt, or any part thereof, are to ^^^ 
mature, and the amount or amounts of said debt, or any ^^ 
part thereof, which shall mature upon the aforesaid date ^2 
or dates; and the date or dates in each year, during the ^^ 
entire period of time when any of said bonds are ■^ 
outstanding, when interest on any of said bonds shall be ^ 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
imder the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the Qty, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 



383 



Ord. No. 374 



basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any 
of the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
^^ due and payable during the fiscal year in which said 

^^ bonds are issued and sold or during the next succeeding 

'^; fiscal year. 



(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereof) , shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 



384 



Ord. No. 374 



Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Gty of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore Qty, on Tuesday, 
the 8th day of November, 1994. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 



r 



^ 



shall be given to the public of the amount of money 1^ 

which the Mayor and Qty Council of Baltimore is '^ 

authorized to borrow, and the general purposes for which .^ 

such borrowed funds may be expended, under the terms ^ 
and provisions of this Ordinance, and the time when the 

election hereinbefore mentioned is to be held; and such 5^ 

public notice shall be given in such manner and by such ^2 

means or through such media and at such time or times j^ 

as may be determined, from time to time, by a majority of ^ 

the Board of Finance. "^ 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
acmal cash proceeds derived from the sale of the bonds 
authorized to be issued imder the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds) ; 

(b) The remainder of such proceeds shall be 
used for the development of the Maryland General 
Hospital including but not liniited to, the acquisition, 



385 



Ord. No. 374 



% 



construction, reconstruction, installation, erection, 
protection, extension, enlargement, renovation or 
modernization of, and additions to, buildings, structures 
or facilities to be or now being used by the Maryland 
General Hospital and for the acquisition and installation 
of equipment for any and all existing facilities or new 
facilities authorized to be constructed, erected, 
established, altered or improved by the provisions hereof; 
the payment of any and all costs and expenses incurred 
for or in connection with doing any or all of the things 
herein mentioned, including, but not limited to, the costs 
and expenses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; 
and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned; and 



(c) The use of the proceeds of the sale of the 
bonds shall be limited to expenditures for capital 
improvement projects having an estimated average service 
life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the 
aty or other legal entity. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it vdth funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 



386 



Ord. No. 374 



Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 

and sold imder the provisions of this Ordinance may be z- 

issued for the public purpose of: ^ 

(1) Realizing savings to Baltimore Qty JC 
in the aggregate cost of debt service on either a direct i^ 
comparison or present value basis; or ^^ 

(2) Debt restructuring that: ^^ 

(i) In the aggregate effects such a ^2 

reduction in the cost of debt service: or ^ 

% 

(ii) Is determined by the Board of ^ 

Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 
of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold imder the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 



387 



c^ 



Ord. No. 374 



entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 

^5:;: Finance of the Mayor and Qty Coimcil of Baltimore. If 

'^'' the Board of Finance determines to sell the refunding 

bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Q)uncil of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obUgations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 



388 



Ord. No. 375 



(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Qty Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That no 
part of the proceeds of sale of the bonds hereby 
authorized to be issued shall be expended until after the 
Board of Finance has determined, based upon such data 
as said Board of Finance shall require to be submitted to 
it to enable it to make such determination, that any 
financial loans made from the proceeds of the bonds 



CITY OF BALTIMORE 

ORDINANCE NO. 375 

(Council Bill No. 827) 

AN ORDINANCE concerning 

BOND ISSUE - 
RECREATION AND PARKS LOAN - $1,000,000 

FOR the purpose of authorizing the Mayor and Qty 
Coimcil of Baltimore (pursuant to Resolution IV of 
1994 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 



389 



r 



^ 



shall, in fact, be self-supporting. JC 

SEC. 11. AND BE IT FURTHER ORDAINED, That the I!^ 

expenditure of the proceeds derived from the sale of the t^ 

bonds authorized to be issued under the provisions of this 

Ordinance shall be in accordance with the provisions of ^5 

the Charter of the Mayor and Qty Council of Baltimore, ^2 

and by the municipal agency designated in the annual ^ 

Ordinance of Estimates of the Mayor and Qty Council of ^ 

Baltimore. ^ 

Approved June 30, 1994 

KURT L. SCHMOKE, Mayor 



Ord. No. 375 



issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding One 
Million Dollars ($1,000,000.00), the proceeds derived 
from the sale thereof to be used for the cost of 
issuance, including the expense of engraving, printing, 
advertising, attorneys' fees, and all other incidental 
expenses connected therewith, and the remainder of 
such proceeds to be used for the acquisition, 
construction, reconstruction, installation, erection, 
protection, extension, enlargement, renovation or 
,^ ' modernization of, and additions to, public park or 

;^ recreational land, property, buildings, structures or 

'•^i;; facilities; and for the acquisition and installation of 

^: ; '■ equipment for any and all existing facilities or new 

f ' facilities authorized to be acquired, constructed, 

' ! reconstructed, erected, extended, enlarged, renovated, 

modernized, improved or added to by the provisions 
hereof; the payment of any and all costs and expenses 
inciured for or in connection with doing any or all of 
the things herein mentioned, including, but not 
limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, 
engineering, planning, designing, architectural, 
surveying, and other professional services; and for 
doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or 
all of the matters or things hereinbefore mentioned; 
authorizing the issuance of refunding bonds; limiting 
the use of the proceeds of the sale of the bonds to 
expenditures for capital improvement projects having 
an estimated average service Ufe of not less than 
fifteen (15) years, and providing that such proceeds 
shall not be used for current operating expenses of 
the City; conferring and imposing upon the Board of 
Finance of Baltimore Qty certain powers and duties; 
authorizing the submission of this Ordinance to the 
legal voters of the City of Baltimore, for their 
approval or disapproval, at the General Election to be 
held in Baltimore Qty on Tuesday, the 8th day of 
November, 1994 and providing for the expenditure of 
the proceeds of sale of said certificates of 
indebtedness in accordance with the provisions of the 
Charter of the Mayor and Qty Council of Baltimore, 



390 



Ord. No. 375 



and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council 
of Baltimore. 

WHEREAS, By Resolution IV of 1994 approved by the 
members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and Qty Coimcil 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate principal 

amount not exceeding One Million Dollars ($1,000,000.00 T. 

in the manner and upon the terms set forth in the bonds, :r 

not exceeding the par value of the bonds, to be used for p 

Recreation and Parks facilities as authorized by said f^ 

Resolution; and i^ 



WHEREAS, Funds are now needed for said purposes; 
now, therefore, 



^ 



SECTION. 1. BE IT ORDAINED BY THE MAYOR AND ^ 

CITY COUNCIL OF BALTIMORE, That the Mayor and Qty ^ 

Council of Baltimore, acting by and through the Board of ^ 

Finance of said municipality, be and it is hereby ^ 

authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amount not exceeding One Million Dollars 
($1,000,000.00), from time to time, as may be needed or 
required for the purposes hereinafter named and said 
bonds shall be sold by the Board of Finance from time to 
time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations 
of not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 



391 



"t 



Ord. No. 375 



(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest 
at such rate or rates as may be determined by the Board 
of Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 



'•^ Finance, and such interest shall be payable at such time 

^ ;', or times as may be determined by the Board of Finance. 



SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amoimts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to 



392 



Ord. No. 375 



be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the Qty, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: - 

(a) All premiums resulting from the sale of any j- 

of the bonds issued and sold pursuant to the provisions of |C 

this Ordinance shall be applied first to defray the cost of iC 

issuance thereof and the balance, if any, shall be applied \^^ 

to the payment of interest on any of said bonds becoming iC^ 

due and payable during die fiscal year in which said ' ^^ 

bonds are issued and sold or during the next succeeding S 
fiscal year. ^ 



(b) The debt authorized by the provisions of this ^^ 
Ordinance, and the bonds issued and sold pm^uant ^^ 
thereto and their transfer, and the principal and interest 

payable thereon (including any profit made in the sale 
thereof), shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at pubUc sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 



393 






Ord. No. 375 



SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and City Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

'^ SEC. 6. AND BE IT FURTHER ORDAINED, That this 

Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore Qty, on Tuesday, 
the 8th day of November, 1994. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 



394 



Ord. No. 375 



Finance reasonably allocated to the issuance of the 
bonds) ; 

(b) The remainder of such proceeds shall be 
used for the acquisiton, construction, reconstruction, 
installation, erection, protection, extension, enlargement, 
renovation or modernization of, and additions to, public 
park or recreational land, property, buildings, structures 
or facilities; and for the acquisition and installation of 
equipment for any and all existing facilities or new 
facilities authorized to be acquired, constructed, 
reconstructed, erected, extended, enlarged, renovated, 
modernized, improved or added to by the provisions 

hereof; the payment of any and all costs and expenses jC 

incurred for or in connection with doing any or all of the i> 

things herein mentioned, including, but not limited to, the \^^ 

costs and expenses of securing administrative, appraisal, iC^ 

economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; 

and for doing any and all things necessary, proper or ^3^ 

expendient in connection with or pertaining to any or all 
of the matters or things hereinbefore mentioned; and ^^ 



(c) The use of the proceeds of the sale of the 
bonds shall be limited to expenditures for capital 
improvement projects having an estimated average service 
life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the 
aty. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued imder the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 



395 



^ 
% 



S^ 



Ord. No. 375 



Finance thereof, for the puipose of providmg it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
^* redemption or purchase premium in connection with the 

•^J refunding of any of its outstanding bonds authorized to 

be issued imder the provisions of this Ordinance. 






(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 

(1) Realizing savings to Baltimore Qty 
in the aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore City's long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 
of this Ordinance. 



396 



^ 



Ord. No. 375 



(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 
entire principal amoimt represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 

solicitation of competitive bids, for a price or prices which J^ 

may be at, above or below the par value of the refunding 1^ 

bonds, as determined by resolution of the Board of \^ 

Finance of the Mayor and Qty Council of Baltimore. If \^ 

the Board of Finance determines to sell the refunding i^ 

bonds at public sale, the refunding bonds shall be sold to 

the highest responsible bidder or bidders therefor after ^5^ 

due notice of such sale, but the Mayor and Qty Coimcil of ^S 

Baltimore, acting by and through the Board of Finance j^ 

thereof, shall have the right to reject any or all bids T^ 

therefor for any reason. "^ 

(f) Any refunding bonds authorized to be issued 
and sold imder the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Coimcil of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obligations 



397 



Ord. No. 376 



imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
apphcable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Gty Council 
of Baltimore. 

^\ SEC. 10. AND BE IT FURTHER ORDAINED, That the 

^^ expenditure of the proceeds derived from the sale of the 

^'k bonds authorized to be issued under the provisions of this 

Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved June 30, 1994 

KURT L. SCHMOKE, Mayor 



i: 



CITY OF BALTIMORE 

ORDINANCE NO. 376 

(Council Bill No. 829) 

AN ORDINANCE concerning 

BOND ISSUE - WALTERS ART GALLERY LOAN - 
$750,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution II of 
1994 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Seven 
Hundred Fifty Thousand Dollars ($750,000.00), the 
proceeds derived from the sale thereof to be used for 
the cost of issuance, including the expense of 



398 



Ord. No. 376 



engraving, printing, advertising, attorneys* fees, and 

all other incidental expenses connected therewith, 

and the remainder of such proceeds to be used for the 

acquisition, by purchase, lease, condemnation or any 

other legal means, of land or property, or any rights 

therein, in the Qty of Baltimore, and for constructing 

and erecting on said land or property, or on any land 

or property, buildings, structures and other auxiliary 

facilities to be used by the Walters Art Gallery; and 

for additions and improvements to. or the 

modernization or reconstruction of, existing Walters 

Art Gallery facilities; and for the acquisition and 

installation of equipment for any and all existing 

facilities or new facilities authorized to be ic 

constructed, erected, added to, improved, modernized if 

or reconstructed by the provisions hereof; the [^ 

payment of any and all costs and expenses incurred iC^ 

for or in connection with doing any or all of the ' ^^^ 

things herein mentioned, including, but not lunited ^^ 

to, the costs and expenses of securing admmistrative, ^2 

appraisal, economic analysis, engineering, planning, f^ 

designing, architectural, surveying, and other ^^ 

professional services; and for doing any and all things X^ 

necessary, proper or expedient in connection with or 

pertaining to any or all of the matters or things 

hereinbefore mentioned; authorizing the issuance of 

refunding bonds; limiting the use of the proceeds of 

the sale of the bonds to expenditures for capital 

improvement projects having an estimated average 

service life of not less than fifteen 

(15) years, and providing that such proceeds shall not 

be used for current operating expenses of the Qty or 

other legal entity; conferring and imposing upon the 

Board of Finance of Baltimore Qty certain powers 

and duties; authorizing the submission of this 

Ordinance to the legal voters of the Qty of Baltimore, 

for their approval or disapproval, at the General 

Election to be held in Baltimore Qty on Tuesday, the 

8th day of November, 1994 and providing for the 

expenditure of the proceeds of sale of said certificates 

of indebtedness in accordance with the provisions of 

the Charter of the Mayor and Qty Council of 

Baltimore, and by the municipal agency designated in 



399 



Ord. No. 376 



the annual Ordinance of Estimates of the Mayor and 
Qty Council of Baltimore. 

WHEREAS, By Resolution II of 1994 approved by the 
members of the General Assembly of Maryland 
representing Baltimore Gty, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding Seven Hundred Fifty Thousand 
^r Dollars ($750,000.00) in the manner and upon the terms 

^'^ set forth in the bonds, not exceeding the par value of the 

^v bonds, to be used for Walters Art Gallery facilities as 

^' authorized by said Resolution; and 

'i. WHEREAS, Funds are now needed for said purposes; 

*' novy^, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amount not exceeding Seven Hundred and Fifty Thousand 
Dollars ($750,000.00), from time to time, as may be 
needed or required for the purposes hereinafter named 
and said bonds shall be sold by the Board of Finance from 
time to time and at such times as shall be requisite, and 
the proceeds derived from the sale of said bonds shall be 
used for the purposes hereinafter named, provided that 
this Ordinance shall not become effective unless it shall 
be approved by a majority of the votes of the legal voters 
of Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations 
of not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 



400 



Ord. No. 376 



Cb) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest 
at such rate or rates as may be determined by the Board 
of Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 

Finance, and such interest shall be payable at such time ;: 

or times as may be determined by the Board of Finance. iC 

:<• 

SEC. 3. AND BE IT FURTHER ORDAINED, That a '^ 

majority of the Board of Finance of the Mayor and Qty j^ 

Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 



determine and set forth any or all of the following: ^^ 



(a) The amount of debt to be incurred by the "^^ 
Mayor and Qty Council of Baltimore at any particular ^ 
time, and from time to time, under and pursuant to the 

provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for tiie purchase of the bonds authorized to 



401 



Ord. No. 376 



be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the Qty, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

^1 SEC. 4. AND BE IT FURTHER ORDAINED, That: 

^\ (a) All premiums resulting from the sale of any 

^^ of the bonds issued and sold pursuant to the provisions of 

f ^' this Ordinance shall be applied first to defray the cost of 

'* issuance thereof and the balance, if any, shall be applied 

4 to the payment of interest on any of said bonds becoming 

due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereoO, shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or soUcitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 



402 



Ord. No. 376 



SEC. 5. AND BE IT FURTHER ORDAINED, That untU 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 

Ordinance shall be submitted to the legal voters of the :i 

Qty of Baltimore, for their approval or disapproval, at the \C 

General Election to be held in Baltimore Qty, on Tuesday, \C- 

the 8th day of November, 1994. "^ 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior '^ 

to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which ^^ 

such borrowed funds may be expended, under the terms ^^ 

and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 



403 



Ord. No. 376 



Finance reasonably allocated to the issuance of the 
bonds) ; 

(b) The remainder of such proceeds shall be 
used for the acquisition, by purchase, lease, 
condemnation or any other legal means, of land or 
property, or any rights therein, in the Qty of Baltimore, 
and for constructing and erecting on said land or 
property, or on any land or property, buildings, structures 
and other auxiliary facilities to be used by the Walters Art 

^' Gallery, and for additions and improvements to, or the 

•^ J modernization or reconstruction of, existing Walters Art 

^J Gallery facilities, and for the acquisition and installation 

^^ of equipment for any and all existing facilities or new 

•^ facilities authorized to be constructed, erected, added to, 

»■ improved, modernized or reconstructed by the provisions 

• hereof; the payment of any and all costs and expenses 

incurred for or in connection with doing any or all of the 
things herein mentioned, including, but not limited to, the 
costs and expanses of securing administrative, appraisal, 
economic analysis, engineering, planning, designing, 
architectural, surveying, and other professional services; 
and for doing any and all things necessary, proper or 
expedient in connection with or pertaining to any or all of 
the matters or things hereinbefore mentioned; and 

(c) The use of the proceeds of the sale of the 
bonds shall be Hmited to expenditures for capital 
improvement projects having an estimated average service 
life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the 
Qty or other legal entity. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 



404 



Ord. No. 376 



validity or invalidity of the bonds being refunded. Such 

refunding bonds may be issued by the Mayor and Qty 

Council of Baltimore, acting by and through the Board of 

Finance thereof, for the purpose of providing it with funds 

to pay any of its outstanding bonds authorized to be 

issued under the provisions of this Ordinance at maturity, 

to purchase in the open market any of its outstanding 

bonds authorized to be issued under the provisions of this 

Ordinance prior to their maturity, to redeem prior to their 

maturity any outstanding bonds which are, by their terms, 

redeemable, to pay interest on any outstanding bonds 

prior to their payment at maturity or purchase or 

redemption in advance of maturity, or to pay any 

redemption or purchase premium in connection with the 'C 

refunding of any of its outstanding bonds authorized to 

be issued under the provisions of this Ordinance. 



(b) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 



f 



^ 



may be issued for the public purpose of: ^2 



(1) Realizing savings to Baltimore Qty ^^ 
in the aggregate cost of debt service on either a direct '^ 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be issued in whatever principal amount shall be 
required to achieve the purpose for the issuance of the 
refunding bonds, which amount may be in excess of the 



405 



• «• 



Ord. No. 376 



principal amount of the bonds refunded or the maximum 
principal amount of bonds authorized to be issued under 
Section 1 of this Ordinance. 

(d) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be issued to mature on such dates and in such 
amounts as the Board of Finance may determine; 
provided that the entire principal amount represented by 
the refunding bonds shall be discharged not more than 
^' forty (40) years from the date of issuance of the bonds 

•;^; being refunded. 

'^; 

>}' (e) Any refunding bonds authorized to be 

i'i issued and sold under the provisions of this Ordinance 

may be sold at public sale by the solicitation of 
competitive bids or at private (negotiated) sale without 
advertisement or solicitation of competitive bids, for a 
price or prices which may be at, above or below the par 
value of the refunding bonds, as determined by resolution 
of the Board of Finance of the Mayor and Qty Council of 
Baltimore. If the Board of Finance determines to sell the 
refunding bonds at public sale, the refunding bonds shall 
be sold to the highest responsible bidder or bidders 
therefor after due notice of such sale, but the Mayor and 
Qty Council of Baltimore, acting by and through the 
Board of Finance thereof, shall have the right to reject 
any or all bids therefor for any reason. 

(f) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
shall bear interest at such rate or rates as may be 
determined by the Board of Finance of the Mayor and 
Qty Council of Baltimore, which rate or rates may be 
fixed or variable or as determined by a method approved 
by the Board of Finance, and such interest shall be 
payable at such time or times as may be determined by 
the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 
issuance costs relating thereto, shall be set aside by the 



406 



Ord. No. 377 



Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Qty Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That die 
expenditure of the proceeds derived from the sale of the ii 

bonds authorized to be issued under the provisions of the 
Chater of the Mayor and Qty Council of Baltimore and by 
the municipal agency designated in the annual Ordinance 
of Estimates of the Mayor and Qty Council of Baltimore. 

Approved June 30, 1994 X^ 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 377 

(Council Bill No. 830) 

AN ORDINANCE concerning 

BOND ISSUE - ZOO LOAN - $2,500,000 

FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore (pursuant to Resolution VIII of 
1994 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Two 



407 






Ord. No. 377 



Million Five Hundred Thousand Dollars 
($2,500,000.00), the proceeds derived from the sale 
thereof to be used for the cost of issuance, including 
the expense of engraving, printing, advertising, 
anomeys' fees, and all other incidental expenses 
connected therewith, and the remainder of such 
proceeds to be used for the construction, 
reconstruction, installation, erection, protection, 
extension, enlargement, renovation or modernization 
of, and additions to, land, property, buildings, 
structures or facilities to be or now being used in 
^t connection with the functions, operations and 

•^: activities of the Zoo located in Druid Hill Park; and 

•^J for the acquisition and installation of equipment for 

^2 siiy 3^<i ^ existing facilities or new facilities 

authorized to be acquired, constructed, reconstructed, 
erected, extended, enlarged, renovated, modernized, 
improved or added to by the provisions hereof; the 
payment of any and all costs and expenses incurred 
for or in connection with doing any or all of the 
things herein mentioned, including, but not limited 
to, the costs and expenses of securing administrative, 
appraisal, economic analysis, engineering, planning, 
designing, architectural, surveying, and other 
professional services; and for doing any and all things 
necessary, proper or expedient in connection with or 
pertaining to any or all of the matters or things 
hereinbefore mentioned; authorizing the issuance of 
refunding bonds; limiting the use of the proceeds of 
the sale of the bonds to expenditures for capital 
improvement projects having an estimated average 
service life of not less than fifteen (15) years, and 
providing that such proceeds shall not be used for 
current operating expenses of the Qty; or other legal 
entity; conferring and imposing upon the Board of 
Finance of Baltimore Qty certain powers and duties; 
authorizing the submission of this Ordinance to the 
legal voters of the Qty of Baltimore, for their 
approval or disapproval, at the General Election to be 
held in Baltimore Qty on Tuesday, the 8th day of 
November, 1994 and providing for the expenditure of 
the proceeds of sale of said certificates of 
indebtedness in accordance with the provisions of the 



408 



Ord. No. 377 



Qiarter of the Mayor and Qty Qjuncil of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council 
of Baltimore. 

WHEREAS, By Resolution VIII of 1994 approved by 
the members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding Two Million Five Hundred 
Thousand Dollars ($2,500,000.00) in the manner and 
upon the terms set forth in the bonds, not exceeding the 

par value of the bonds, to be used for Zoo facilities as : 

authorized by said Resolution; and JI: 

,*^ 
WHEREAS, Funds are now needed for said purposes; j^ 

now, therefore, ""^^ 

^^ 
SECTION. 1. BE IT ORDAINED BY THE MAYOR AND ^P 

CITY COUNCIL OF BALTIMORE, That the Mayor and Qty ^ 

Coimcil of Baltimore, acting by and through the Board of ^^ 

Finance of said municipality, be and it is hereby t^ 

authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 
amount not exceeding Two Million Five Hundred 
Thousand Dollars ($2,500,000.00), from time to time, as 
may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by the Board of 
Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said 
bonds shall be used for the purposes hereinafter named, 
provided that this Ordinance shall not become effective 
imless it shall be approved by a majority of the votes of 
the legal voters of Baltimore Qty cast at the time and 
place hereinafter designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations 
of not less than Five Hundred Dollars ($500.00) each, but 



409 



Ord. No. 377 



may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

^f (c) The bonds, when issued, shall bear interest 

.^J at such rate or rates as may be determined by the Board 

'i^j of Finance, which rate or rates may be fixed or variable or 

>:t as determined by a method approved by the Board of 

^i Finance, and such interest shall be payable at such time 

'^ or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and piursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 



410 



r 



Ord. No. 377 



readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 
bonds of the Qty, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any 
of the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 

due and payable during the fiscal year in which said ^3 

bonds are issued and sold or during the next succeeding 
fiscal year. "^^ 



(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 
payable thereon (including any profit made in the sale 
thereoO, shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Coimcil of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 



411 



I 



Ord. No. 377 



Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Gty of 
Baltimore at a rate sufficient to produce revenue to pay 
^r all interest on and principal of all bonds theretofore 

•^^^ issued and outstanding or authorized to be issued and 

'•^J outstanding, payable in the next succeeding year. 

^i SEC. 6. AND BE IT FURTHER ORDAINED, That this 

V Ordinance shall be submitted to the legal voters of the 

t Qty of Baltimore, for their approval or disapproval, at the 

General Election to be held Ln Baltimore Qty, on Tuesday, 

the 8th day of November, 1994. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 
and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
pubUc notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 



412 



Ord. No. 377 

printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds); 

(b) The remainder of such proceeds shall be 
used for the construction, reconstruction, installation, 
erection, protection, extension, enlargement, renovation 
or modernization of, and additions to, land, property, 
buildings, structures or facilities to be or now being used 
in connection with the functions, operations, and 

activities of the Zoo located in Druid Hill Park; and for w 

the acquisition and installation of equipment for any and ;:' 

all existing facilities or new facilities authorized to be 

acquired, constructed, reconstructed, erected, extended, ^. 

enlarged, renovated, modernized, improved or added to --^ 

by the provisions hereof; the payment of any and all costs 

and expenses incurred for or in connection with doing ,^. 

any or all of the things herein mentioned, including, but '';^ 

not limited to, the costs and expenses of seeming '— ^^ 

administrative, appraisal, economic analysis, engineering, ^S^ 

planning, designing, architectural, surveying, and other ^^ 

professional services; and for doing any and all things 

necessary, proper or expedient in connection with or 

pertaining to any or all of the matters or things 

hereinbefore mentioned; and 

(c) The use of the proceeds of the sale of the 
bonds shall be limited to expenditures for capital 
improvement projects having an estimated average service 
life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the 
Qty or other legal entity. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the piupose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 



413 



Ord. No. 377 



at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to purchase in the open market any of its outstanding 
bonds authorized to be issued imder the provisions of this 
^;" Ordinance prior to their maturity, to redeem prior to their 

•^J maturity any outstanding bonds which are, by their terms, 

'i^j redeemable, to pay interest on any outstanding bonds 

^i prior to their payment at maturity or purchase or 

a redemption in advance of maturity, or to pay any 

'^., redemption or purchase premium in connection with the 

ti refunding of any of its outstanding bonds authorized to 

be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued for the public purpose of: 

(1) Realizing savings to Baltimore Qty 
in the aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty QDuncil of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 



414 



Ord. No. 377 



issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 
of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 

and sold under the provisions of this Ordinance may be ..-* 

sold at public sale by the solicitation of competitive bids r'T^. 

or at private (negotiated) sale without advertisement or , .^ 

solicitation of competitive bids, for a price or prices which '.;:3«' 

may be at, above or below the par value of the refunding : ^- 

bonds, as determined by resolution of the Board of if^ 

Finance of the Mayor and Qty Council of Baltimore. If T^ 

the Board of Finance determines to sell the refunding C^ 

bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Coimcil of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold imder the 
provisions of this Ordinance, after the payment of 



415 



Ord. No. 378 



issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

^^ (i) Any refunding bonds authorized to be issued 

«;^J ; and sold under the provisions of this Ordinance shall not 

'^J' be subject to any debt policy limitation that may from 

^i-' ■ time to time be established by the Mayor and Qty Council 

fS?'' of Baltimore. 

<i SEC. 10. AND BE IT FURTHER ORDAINED, That the 

expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 
Ordinance of Estimates of the Mayor and Qty Council of 
Baltimore. 

Approved June 30, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 378 

(Council Bill No. 872) 

AN ORDINANCE concerning 

HOTEL ROOM TAX 

FOR the purpose of incr e asing determining the amount of 
tax imposed on transient guests in certain hotels. 



416 



Ord. No. 378 



BY repealing and reordaining with amendments 
Article 28 - Taxes 
Subtide - Hotel Room Tax 
Section 37(a) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY adding 

Article 28 - Taxes 
Subtide - Hotel Room Tax 
Section 37A 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 



ARTICLE 28 - TAXES '2. 

i 



Hotel Room Tax ^ 



37. Tax Imposed. 



(a) :feef eEXCEPT AS PROVIDED IN SECTION 37A, 
THERE is hereby levied and imposed a tax of {7%]- 9% on 
all gross amounts of money paid to the owners or 
operators of hotels in the Qty of Baltimore by transient 
guests or tenants for renting, using or occupying a room 
or rooms in said hotels, to be paid and collected as 
hereinafter provided. 

7A. RATE ESTABUSHED. 

(A) IN THE EVENT THE TAX IMPOSED UNDER 
SECTION 37 IS INSUFFICIENT TO SATISFY THE TAX 
REQUIREMENT, THE HOTEL ROOM TAX RATE SHALL 
BE ESTABUSHED UNDER THIS SECTION. 

CB) ON OR BEFORE MAY 1. 1996 AND ON OR 
BEFORE MAY 1 IN EACH YEAR THEREAFTER^THE 



417 



Ord. No. 378 



BOARD OF ESTIMATES SHALL ESTABUSH THE 
PERCENTUM RATE FOR THE HOTEL ROOM TAX TO BE 
LEVIED AND COLLECTED UNDER THIS SUBTITLE FOR 
THE TWELVE C12) MONTHS COMMENCING ON THE 
NEXT SUCCEEDING JUNE 1. 

(O IN EACH YEAR, THE BOARD OF 
ESTIMATES SHALL ESTABLISH THE PERCENTUM RATE. 
UPON INFORMATION PROVIDED BY THE DIRECTOR OF 
FINANCE, SO THAT HOTEL TAX REVENUES SHALL 
EQUAL THE TAX REQUIREMENT. IN PROJECTING 
HOTEL TAX REVENUES, THE BOARD OF ESTIMATES 



4^1 

-i^t: AND THE DIRECTOR OF FINANCE MAY NOT ASSUME 

'^J' ANY GREATER AMOUNT OF GROSS RECEIPTS THAN 

^r- THE ACTUAL GROSS RECEIPTS IN THE IMMEDL^lTELY 

fj^ PRECEDING FISCAL YEAR. 

•^' 

ii (D) AS USED IN THIS SECTION: 

m "BONDS" MEANS THE CnVS 
CONVENTION CENTER REVENUE BONDS, SERIES 1994 
AND ANY BONDS ISSUED TO REFUND SUCH BONDS. 

(2) "DEBT SERVICE REQUIREMENT 
MEANS FOR ANY FISCAL YEAR, THE AMOUNT OF 
PRINCIPAL, PREMIUM, IF ANY AND INTEREST PAYABLE 
IN THAT FISCAL YEAR ON THE BONDS. 

r3) "GENERAL FUND REQUIREMENT 
MEANS AN AMOUNT EQUAL TO $8,200,000. 

C4) "GROSS RECEIPTS" MEANS, FOR ANY 
FISCAL YEAR, THE GROSS AMOUNTS OF MONEY ON 
WHICH THE HOTEL ROOM TAX UNDER THIS SUBTITLE 
IS IMPOSED. 

C5) "HOTEL TAX REVENUES" MEANS, FOR 
ANY FISCAL YEAR, THE REVENUES AND RECEIPTS OF 
THE CITY FROM THE HOTEL ROOM TAX LEVIED AND 
COLLECTED BY THE CITY UNDER THIS SUBTITLE. 

C6) "RATE REQUIREMENT" MEANS THE 
RATIO OF HOTEL TAX REVENUES TO DEBT SERVICE 



418 



» 



Ord. No. 379 



WHICH THE CITY IS REQUIRED BY THE AUTHORIZING 
ORDINANCE AND TRUST IT^JDENTURE TO MAINTAIN 
FOR THE BONDS. 

CT) TAX REQUIREMENT MEANS FOR 
ANY FISCAL YEAR, THE GREATER OF CD THE SUM OF 
THE GENERAL FUND REQUIREMENT AND THE DEBT 
SERVICE REQUIREMENT. OR CID THE RATE 
REQUIREMENT. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect Jun e May 1, 1996. 

Approved June 30, 1994 

KURT L. SCHMOKE, Mayor 



SECOND PRINTING T- 

CITY OF BALTIMORE -: ^' 

ORDINANCE NO. 379 V^T^ 

(Council BUI No. 873) <^ 

AN ORDINANCE concerning 

CONVENTION CENTER REVENUE OBLIGATIONS 

FOR the purpose of authorizing and providing for the 
issuance, sale and delivery by the Mayor and Qty 
Council of Baltimore of its revenue bonds, notes or 
other obligations, to be designated "Convention 
Center Revenue Bonds," "Convention Center Revenue 
Notes," or "Convention Center Revenue Bond 
Anticipation Notes," as the case may be (collectively, 
the "Revenue Obligations"), in the aggregate principal 
amount not exceeding Sixty-Five Million Dollars 
($65,000,000) pursuant to the provisions of Article II, 
Subsection (50) of the Charter of Baltimore Qty 
(1964 Revision, as amended), and Article 31, Section 
12 of the Annotated Code of Maryland (1990 
Replacement Volume and 1993 Cumulative 



419 



Ord. No. 379 



Supplement), in order to use the proceeds for the 
public purpose of (a) financing and refinancing, the 
acquisition, demolition, construction, renovation, 
expansion, improvement, furnishing and equipping of 
Convention Center Facilities (defined herein) in the 
Qty of Baltimore, (b) funding capitalized interest on 
such Revenue Obligations to the extent deemed 
necessary and in accordance with any limitation on 
the period for such funding established by law, (c) 
paying the costs of issuance and all other related costs 
of such Revenue Obligations and (d) funding any 
^^. reserve funds; defining certain terms used in this 

^J: Ordinance; authorizing and providing for the 

^jr refunding, renewal or refinancing from time to time 

^Jc by the Qty of the Revenue Obligations in whole or in 

5i-' part, pursuant to the provisions of Article 31, Section 

•^i-- 24 of the Annotated Code of Maryland (1990 

iC Replacement Volume and 1993 Supplement), by the 

issuance of refunding bonds, notes or other 
obUgations, as the case may be (collectively 
"Refunding Obligations") ; authorizing the use of the 
proceeds of any Refunding Obligations for the public 
purposes of (a) refunding any outstanding Revenue 
Obligations, including the payment of any redemption 
premium thereon, (b) paying the costs of issuance of 
such Refunding Obligations and (c) funding any 
reserve funds for the Refunding Obligations including 
reserves for the payment of interest thereon; making 
certain legislative findings, among others, concerning 
the public benefit and purpose of such Revenue 
Obligations; providing that such Revenue Obligations 
and Refunding Obligations shall be payable solely and 
only from (i) the Pledged Revenues (as defined 
herein), (ii) amounts in any reserve fund established 
by the Board of Finance for the payment of the 
principal of, premium, if any, on and interest on the 
Revenue Obligations and Refunding Obligations, 
including investment earnings on any such fund (to 
the extent provided by the Board of Finance), (iii) 
unexpended proceeds of the Revenue Obligations, 
including investment earnings on such proceeds (to 
the extent provided by the Board of Finance), and 
(iv) other amounts legally available therefor; 



420 



Ord. No. 379 



providing that such Revenue Obligations and 

Refunding Obligations shall not ever constitute, 

within the meaning of Article XI, Section 7 of the 

Constitution of Maryland or any other constitutional, 

statutory or charter provision or otherwise a debt or 

general obligation of the Qty, the State of Maryland, 

or any other subdivision of the State of Maryland or a 

pledge or an involvement of the full faith and credit 

or the taxing powers of the Qty, the State of 

Maryland, or any other subdivision of the State of 

Maryland; authorizing and empowering the Board of 

Finance of the Qty by resolution (a) to determine and 

set forth certain matters pertaining to the Revenue 

Obligations and Refunding Obligations, including 

(without limitation) the form, terms, provisions 

(including redemption provisions and sinking funds - 

requirements, if any), manner or method of issuing 

and selling (including negotiated as well as 

competitive bid sale), and the time or times of ^^ 

issuance and any and all other details of such S^ 

Revenue Obligations and Refunding Obligations, (b) >^ ^ 

to do any and all things necessary, proper or «r^ 

expedient in connection with the issuance and sale of "^^ 

such Revenue Obligations and Refunding Obligations, ^^ 

to prepare and distribute preliminary and final official 

statements or preliminary and final placement 

memoranda or circulars in connection with the sale of 

such Revenue Obligations and Refunding Obligations, 

to determine the dates, times and places when 

underwriting or placement agreements or purchase 

agreements shall be submitted by the imderwriters or 

placement agents for such Revenue Obligations and 

Refunding Obligations or the purchasers of such 

Revenue Obligations and Refunding Obligations and 

to determine certain of the terms of such agreements, 

to determine the interest rate or rates to be paid by 

the Qty on such Revenue Obligations and Refunding 

Obligations and to appoint a trustee for such Revenue 

Obligations and Refunding Obligations, (c) to approve 

the form of trust agreements between the Qty and 

the trustee, which trust agreements may (i) pledge 

and assign the Pledged Revenues, (ii) provide that, 

subject to applicable law and public policy, (A) the 



421 



4^^ 



Ord. No. 379 

Qty in each fiscal year in which any Revenue 
Obligations or Refunding Obligations are outstanding 
shall use its best efforts to obtain the appropriation of 
Hotel Tax Revenues (as defined herein) in the 
amounts specified in the trust agreement or 
agreements and (B) in the event that Hotel Tax 
Revenues sufficient to satisfy the Debt Service 
Requirement are not appropriated in any fiscal year 
during which any Revenue Obligations or Refunding 
Obligations are outstanding, the Qty shall not use 
and apply other funds of the Gty to acquire facilities 
functionally similar to or competitive with the 
Convention Center Facilities, (iii) contain reasonable 
5^5f ^^^ proper provisions for the protection and 

^J' enforcement of the rights and remedies of the holders 

•^i* of such Revenue Obligations and Refunding 

ii" Obligations, (iv) set forth the rights and remedies of 

"l^ the holders of such Revenue Obligations and 

iC Refunding Obligations and of the trustee and restrict 

the individual right of action by the holders of such 
Revenue Obligations and Refunding Obligations, and 
(v) contain whatever other provisions are deemed 
reasonable and proper for the security of the holders 
of such Revenue Obligations and Refunding 
Obligations, and (d) to grant Hens and encumbrances 
in the Convention Center Facilities to secure the 
Revenue Obligations and Refunding Obligations to the 
extent permitted by applicable law; providing that, 
subject to applicable law and pubHc policy, the Qty 
shall establish the Hotel Tax Rate so that the amount 
of Hotel Tax Revenues collected in each year during 
which any Revenue ObHgations and Refunding 
Obligations remain outstanding will at least be equal 
to two hundred twenty-five percent (225%) of the 
Maximum Annual Debt Service Requirement of such 
Revenue Obligations and Refunding Obligations less 
capitahzed interest (as provided herein); providing 
that, subject to applicable law and public policy, so 
long as any Revenue Obligations or Refunding 
Obligations are outstanding and unpaid, no Hotel Tax 
Revenues may be appropriated in any fiscal year for 
any purpose unless and until sufficient Hotel Tax 
Revenues are appropriated to satisfy the Debt Service 
Requirement for such fiscal year; providing that the 



422 



Ord. No. 379 



Revenue Obligations and Refunding Obligations may 
be issued in one or more series as the Board of 
Finance by resolution may provide; providing that the 
Board of Finance shall procure the bond counsel and 
underwriting services required in the financing of the 
Convention Center Facilities through competitive 
sealed bidding and in accordance with applicable law; 
and generally providing for and determining various 
matters in connection with the authorization, 
issuance, security, sale and payment of such Revenue 
Obligations and Refunding Obligations. 

RECITALS 

A. For convenience of reference, Mayor and Qty 

Council of Baltimore, a body corporate and politic of the - 

State of Maryland, is hereinafter sometimes referred to as ,!^ 

the "City". ^.^ 

B. Subsection (50) -Revenue Bonds and Obligations, "^5 
of Article II of the Charter of Baltimore Qty (1964 ^2 
Revision, as amended) ("Subsection (50)") authorizes the 
Qty to borrow money through the issuance and sale of its 
bonds, notes or other obligations (including refunding 
bonds, notes or other obligations) for the accomplishment 
of any of the purposes, objects and powers of the Qty. 
Revenue bonds, notes and other obligations issued 
pursuant to Subsection (50) shall be payable, as to both 
principal and interest, solely from and secured solely by 
(i) the revenues from or arising in connection with the 
property, facilities, developments and improvements 
whose financing is undertaken by issuance of the 
obligations, (ii) the revenues from or arising in 
connection with any contracts, mortgages or other 
securities purchased or otherwise acquired with the 
proceeds of the obligations, (iii) the contracts, mortgages 
or other securities purchased or otherwise acquired with 
the proceeds of the obligations, or (iv) any combination 
of (i), (ii) or (iii). 

C. Subsection (50) further provides that, 
notwithstanding any other provision of Subsection (50), 
bonds, notes and other obligations issued under 



423 



Ord. No. 379 



Subsection (50) to finance or refinance the acquisition, 
demolition, construction, renovation, expansion, 
improvement, furnishing or equipping of Convention 
Center Facilities may be payable, as to both principal and 
interest, from Hotel Tax Revenues, provided that such 
Hotel Tax Revenues may not be irrevocably pledged to 
the payment of such principal and interest and the 
obligation to pay such principal and interest from such 
Hotel Tax Revenues shall be subject to annual 
appropriation by the Qty. Subsection (50) further 
provides that the trust agreement or the authorizing 
^r; ordinance may pledge or assign (i) all or any part of the 

•;^;r Hotel Tax Revenues, but only to the extent such Hotel 

'«^J' Tax Revenues are appropriated by the Qty to the 

^1* payment of such principal and interest, and (ii) any fund 

ii' ; into which all or any part of such revenues are deposited 

'^^' after such Hotel Tax Revenues are appropriated by the 

<C Qty to the payment of such principal and interest. 

D. Subsection (50) further authorizes the Qty to 
authorize and empower the Commissioners of Finance of 
the Qty (pursuant to Resolution 13 of Mayor and Qty 
Council of Baltimore, approved by the Mayor August 14, 
1978, adopted by referendum on November 7, 1978, the 
powers of the Commissioners of Finance were vested in 
the Board of Finance, and hereinafter "Board of Finance" 
shall designate the former Commissioners of Finance) by 
resolution (i) to determine and set forth certain matters 
pertaining to such bonds, notes or other obligations, 
including (without limitation) the form, terms, provisions, 
manner or method of issuing and selling (including 
negotiated as well as competitive bid sale), and the time 
or times of issuance and any and all other details of such 
bonds, notes, or other obligations, (ii) to do any and all 
things necessary, proper or expedient in connection with 
the issuance and sale of such bonds, notes or other 
obligations and (iii) to approve the form of a trust 
agreement between the Qty and the trustee, which trust 
agreement may (a) pledge or assign all or any part of the 
security for such bonds, notes or other obligations, (b) 
contain reasonable and proper provisions for the 
protection and enforcement of the rights and remedies of 
the holders of such bonds, notes or other obligations, (c) 



424 



I 



Ord. No. 379 



set forth the rights and remedies of the holders of such 
bonds, notes or other obligations and of the trustee and 
restrict the individual rights of action by the holders of 
the bonds, notes or other obligations and (d) contain 
whatever other provisions are deemed reasonable and 
proper for the security of the holders of such bonds, notes 
or other obligations. 

E. Article 31, Section 12 of the Annotated Code of 
Maryland (1990 Replacement Volume and 1993 
Cumulative Supplement) (the "Bond Anticipation Note 
Enabling Act") authorizes and empowers the Qty to 
borrow money in anticipation of the issuance of revenue 
obligations authorized for any proper public purpose and 
to evidence such borrowing by the issuance and sale of its 
bond anticipation notes in an aggregate amount not 
greater than the authorized amount of the obligations in 
anticipation of the sale of which the notes are issued and 
sold. The Bond Anticipation Note Enabling Act provides 
that such notes shall be payable as to interest and 

principal from the first proceeds of the obligations in '.^^ 

anticipation of the sale of which such notes are issued, or 






from the tax or other revenue which the Qty shall ^^ 

previously determine to apply to the payment of the ^^ 

bonds and the interest thereon. The Bond Anticipation 

Note Enabling Act further authorizes and empowers the 

Qty to pay twelve months interest on the notes, or any 

renewal thereof, from the proceeds of the notes. The 

Bond Anticipation Note Enabling Act authorizes the sale 

of any notes to be issued pursuant to such Act by public 

sale or by private negotiation with prospective purchasers, 

if such negotiated sale is deemed by the Qty to be in the 

best interest of the Qty. The Bond Anticipation Note 

Enabling Act authorizes the renewal at maturity of bond 

anticipation notes issued thereunder, with or without 

resale. 

F. Article 31, Section 24 of the Annotated Code of 
Maryland (1990 Replacement Volume and 1993 
Cumulative Supplement) (the "Refunding Bond Enabling 
Act") authorizes and empowers the Qty to issue and sell 
refunding obligations for the purpose of refunding any of 
its obligations then outstanding, provided that the pubUc 



425 






«c 



Ord. No. 379 



purpose of realizing savings in the effective costs of debt 
service to the Qty is achieved. Such savings may be a 
direct result of the refunding or may result from a 
reduction in debt service effectuated through a debt 
restructuring. The City may, at a public meeting, 
determine that any refunding obligations be sold on a 
negotiated basis without the solicitation of competitive 
bids. 

G. The Qty has determined to issue and sell its 
Revenue Obligations (defined herein) in an aggregate 
^. principal amount not to exceed Sixty-Five Million Dollars 

^J: ($65,000,000) and to use the proceeds thereof to finance 

'.^Jr and refinance the acquisition, demolition, construction, 

renovation, expansion, improvement, furnishing and 
equipping of Convention Center Facilities and to pay the 
costs of issuance and the creation of reserve funds for the 
Revenue Obligations, including reserves for the payment 
of interest on the Revenue Obligations. 

H. The Qty proposes to spend the proceeds of any 
Refunding Obligations hereby authorized for the general 
public purposes of paying, prepaying, refunding, 
refinancing or restructuring the debt evidenced by the 
Revenue Obligations issued pursuant to this Ordinance, 
which repayment may include the payment of any 
premium on such obligations, the payment of costs of 
issuance and the creation of reserve funds for the 
Refunding Obligations, including reserves for the payment 
of interest on the Refunding Obligations. 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That it is hereby found 
and determined, as follows: 

(1) The presence in the Qty of Baltimore of 
modem Convention Center Facilities which meet the 
demands of users of convention center facilities is vital to 
the promotion and retention of convention and meeting 
business and tourism in the Qty of Baltimore and the 
State of Maryland. The convention and meeting business 
and tourism are vital to the economy of the Qty of 



426 



*;^ 



Ord. No. 379 



Baltimore, the Baltimore metropolitan area and the State 
of Maryland. 

(2) The Qt/s existing Q)nvention Center 
Facilities have played a major role in attracting and 
retaining convention and meeting business to the Qty of 
Baltimore and the State of Maryland. The Qty desires to 
continue and increase the role of the Convention Center 
Facilities in attracting convention and meeting business 
and tourism to the Qty of Baltimore and the State of 
Maryland. Larger and more modem Convention Center 
Facilities are required to meet the demand of larger 
conventions and to permit more efficient operation of the 
Convention Center Facilities. 

(3) Pursuant to a Baltimore Convention Center 
Construction, Operation and Contribution Agreement and 
Lease dated as of September 1, 1993 (the "Convention 
Center Agreement") between the Qty and the Maryland 
Stadium Authority (the "Authority"), the Qty has agreed 

to contribute Fifty Million Dollars ($50,000,000) to the ^^g 

cost of the Convention Center Facilities and the Authority ^,^^ 

has agreed to contribute at least One Hundred One -^^ 

Million Dollars ($101,000,000) to the cost of the ^ 

Convention Center Facilities. The issuance of Revenue 

Obligations by the Qty is the most practicable means of 
meeting the Qt/s capital contribution requirement imder 
the Convention Center Agreement. 

(4) In exchange for the payment by the Qty of 
its capital contribution requirement under the Convention 
Center Agreement, the Qty will receive (i) a leasehold 
interest in the Convention Center Facilities (including the 
existing Convention Center Facilities and the 
improvements to the Convention Center Facilities to be 
constructed pursuant to the Convention Center 
Agreement) during the term of the Convention Center 
Agreement and (ii) a reversionary interest in the 
Convention Center Facilities (including the improvements 
to the Convention Center Facilities to be constructed 
pursuant to the Convention Center Agreement) upon the 
termination of the Convention Center Agreement. The 
pledge, as security for the Revenue Obligations and the 



427 



^;. 



•*•' 



Ord. No. 379 



Refunding Obligations, of all or a portion of the Qt/s 
interests in the Convention Center Facilities received by 
the Qty pursuant to the Convention Center Agreement 
wiD enhance the marketability of the Revenue Obligations 
and the Refunding Obligations. 

(5) Revenue Obligations and Refunding 
Obligations issued under this Ordinance do not constitute, 
within the meaning of Article XI, Section 7 of the 
Constitution of Maryland or any other constitutional, 
statutory or charter provision, (i) a debt or general 
obligation of the Qty, the State of Maryland or any other 
^J; subdivision of the State of Maryland or (ii) a pledge or an 

'^^: involvement of the faith and credit or the taxing powers 

V^: of the Qty, the State of Maryland, or any other 

Ofi subdivision of the State of Maryland. The principal of 

and interest on the Revenue Obligations and Refunding 
1^;; Obligations shall be payable from, and secured by, (i) the 

" pledge and assignment of the Pledged Revenues, (ii) 

' amounts in any reserve fund established by the Board of 

Finance for payment of the principal of, premium, if any, 
on and interest on the Revenue Obligations and 
Refunding Obligations including any investment earnings 
on any such fund (to the extent provided by the Board of 
Finance), (iii) unexpended proceeds of the Revenue 
Obligations and Refunding Obligations, including 
investment earnings on such proceeds (to the extent 
provided by the Board of Finance) and (iv) other amoimts 
legally available therefor. The Revenue Obligations and 
Refunding Obligations may be additionally secured 
(without in any way specifying or limiting the terms of 
such additional security) by such other security as the 
Board of Finance may by resolution approve subject to 
applicable law. 

The proceeds of the Revenue Obligations and 
Refunding Obligations will be paid directiy to, and will be 
disbursed by, the independent trustee or trustees 
appointed by the Board of Finance pursuant to this 
Ordinance (the "Trustee"). No such funds will be either 
commingled with the Qt/s general funds or made subject 
to the absolute control of the Qty, except for such limited 
supervision and checks as are deemed necessary or 



428 



Ord. No. 379 



desirable by the Qty to insure that the proceeds of the 
Revenue Obligations and Refunding Obligations are used 
to accomplish the public purposes of this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, 
That, in addition to any other terms defined elsewhere in 
this Ordinance, the following terms shall have the 
following meanings in this Ordinance: 

"Convention Center Facilities" means: 

(i) convention centers, trade show 
facilities, meeting halls or other structures in Baltimore 
Qty used for the holding of conventions, trade shows, 
meetings, displays or similar events, including, without 
limitation, the Baltimore Qty Convention Center; 

(ii) offices, parking lots, garages, access 
roads, hotels, restaurants, railroad sidings and any other 
property, structures, furnishings or equipment functionally 
related to the facilities described in (i); and 

(iii) other facilities and properties used or 
useful or having present capacity for future use as, or in 
connection with, a convention center facility, including, 
without Umitation: 

(a) land, buildings, structures, 
machinery, equipment and all properties and rights 
therein and appurtenances thereof, and rights-of-way, 
franchises, easements and other interests in land; 

(b) all land and facilities that are 
functionally related to a convention center facility; and 

(c) all patents, licenses and other 
rights necessary or useful in the construction or operation 
of a convention center facility. 

"Debt Service Requirement" means, for any fiscal 
year of the Qty, the amount of all payments of principal, 
premiimi, if any, and interest payable on the Revenue 
Obligations and Refunding Obligations for such period; 



429 



^75^ 



Ord. No. 379 



provided, however, with respect to any Convention Center 
Hotel Tax Revenue Notes or Convention Center Hotel Tax 
Bond Anticipation Notes, the annual principal and interest 
payable on such notes shall be deemed to be the amount 
which would be payable assuming that such notes were 
payable over a twenty-five year terra, on a level debt 
service basis bearing interest at the assumed rate of 
interest determined by the Board of Finance. 

"Hotel Tax Rate" means the percentum rate 
established by the Qty for the hotel room tax pursuant to 
^^^. Article 20, Sections 37 to 42, inclusive, of the Baltimore 

^Jf- Qty Code, as amended, replaced or supplemented from 

V^: time to time. 






1^' 



Of^ "Hotel Tax Revenues" means all revenues and 

receipts of the Qty from the hotel room tax levied and 
1^ collected by the Qty pursuant to Article 28, Sections 37 

to 42, inclusive, of the Baltimore Qty Code, as amended, 
replaced or supplemented from time to time. 

"Maximum Annual Debt Service Requirement" 
means at the time of application of such term the greatest 
amoimt of Debt Service Requirement in the then cimrent 
or any future fiscal year of the Qty during which the 
Revenue Obligations and the Refunding Obligations are 
outstanding. 

"Pledged Revenues" means (i) all or a portion of 
the Hotel Tax Revenues (as determined by the Board of 
Finance), but only to the extent that the Hotel Tax 
Revenues are appropriated by the Qty to the payment of 
the principal of, premium, if any, on and interest on the 
Revenue Obligations and Refunding Obligations, (ii) all or 
a portion of the revenues (as determined by the Board of 
Finance), from or arising in connection with the 
Convention Center Facilities or (iii) any combination of 
(i) and (ii) as determined by the Board of Finance. 

"Refunding Obligations" means refunding bonds, 
notes or other obligations issued by the Qty to refund, 
renew, refinance, defease or prepay any Revenue 
Obligations or Refunding Obligations. 



430 



Ord. No. 379 



"Revenue Obligations" means revenue bonds, 
notes or other obligations issued by the Qty Council to 
provide funds for the financing of G^nvention Center 
Facilities. 

SEC. 3. AND BE IT FURTHER ORDAINED, That the 
issuance, sale and delivery of Revenue Obligations in an 
aggregate principal amount not to exceed Sixty-Five 
Million Dollars ($65,000,000) hereby designated 
"Convention Center Revenue Bonds", or "Convention 
Center Revenue Bond Notes," or "Convention Center 
Revenue Bond Anticipation Notes," as the case may be, 
are hereby authorized, subject to the provisions of this 
Ordinance, for the general public piuposes of financing 
and refinancing the acquisition, demolition, construction, 
renovation, expansion, improvement, furnishing and 
equipping of Convention Center Facilities as set forth in 
this Ordinance. This maximum amount may consist of (i) 
Revenue Bonds, (ii) Revenue Notes, (iii) Revenue Bond 
Anticipation Notes, or (iv) any combination of (i), (ii) and 



SEC. 4. AND BE IT FURTHER ORDAINED, That the 1^ 

net proceeds from the sale of Revenue Obligations, ^^ 

authorized to be issued and sold by this Ordinance, shall 
be used and applied for the public purposes of (i) 
financing and refinancing the acquisition, demolition, 
construction, renovation, expansion, improvement, 
furnishing and equipping of Convention Center Facilities, 
(ii) paying the cost of issuance and sale of the Revenue 
Obligations, including (without limitation) costs of 
printing the Revenue Obligations, the official statement 
and other legal documents, costs of delivery of the 
Revenue Obligations, commitment fees, legal fees, 
accounting fees, fees and expenses of the Trustee, 
underwriting costs, advertising costs, consulting fees, 
costs of rating agency reviews, credit enhancement fees 
(including bond insurance premiums and letter of credit 
fees) and all other incidental related expenses, (iii) 
funding capitalized interest on any series of Revenue 
Obligations to the extent deemed necessary and in 
accordance with any limitation on the period for such 
funding established by law, and (iv) (to the extent 



431 



a 



Ord. No. 379 



provided by resolution of the Board of Finance adopted 
pursuant to this Ordinance) to fund a debt service reserve 
fund or other reserve funds for the Revenue Obligations. 

SEC. 5. AND BE IT FURTHER ORDAINED, That the 
Revenue Obligations shall be solely and exclusively 
payable from the (i) Pledged Revenues, (ii) amounts in 
any reserve fund established by the Board of Finance for 
payment of the principal of, premium, if any, on and 
interest on the Revenue Obligations, including any 
investment earnings on any such fund (to the extent 
provided by the Board of Finance), (iii) unexpended 
^Jr proceeds of the Revenue Obligations, including 

^! investment earnings on such proceeds (to the extent 

vj: provided by the Board of Finance) and (iv) other amounts 

<J^ i legally available therefor. Additionally, the Board of 

•^^ Finance may authorize additional security for the Revenue 

ic; I Obligations by (i) insuring the Revenue Obligations 

through public or private bond insurance provided by one 
'■: or more public or private bond insurers selected by the 

Board of Finance, or through one or more letters of 
credit, lines of credit or standby bond purchase 
agreements issued or entered into by one or more banks 
or financial institutions selected by the Board of Finance; 
or (ii) such other security as the Board of Finance may 
approve; or (iii) any combination of (i) and (ii). 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
Qty hereby authorizes the Board of Finance, imless the 
City shall otherwise prescribe prior to the issuance and 
delivery of the Revenue Obligations, by resolution to take 
the follovmig actions and to make the following 
commitments on behalf of the Qty: 

(1) to covenant that, subject to applicable law 
and public policy, in each fiscal year in which any 
Revenue Obligations are outstanding, the Qty shall use its 
best efforts to obtain the appropriation of Hotel Tax 
Revenues in the amount specified in the trust agreement 
or agreements, which shall in any case be in an amount 
sufficient to satisfy the Debt Service Requirement; 



432 






Ord. No. 379 



(2) to covenant that, subject to applicable law 
and public policy, in the event that Hotel Tax Revenues 
are not appropriated in any fiscal year in which any 
Revenue Obligations are outstanding in an amount 
sufficient to satisfy the Debt Service Requirement, the Qty 
shall not use and apply any other fimds of the Qty or 
available to the Qty to acquire facilities functionaUy 
similar to or competitive with the Convention Center 
Facilities; 

(3) to establish and maintain, pursuant to a 
trust indenture or otherwise, a fund into which all Hotel 
Tax Revenues appropriated by the Qty to the payment of 
the principal of, premium, if any, on and interest on the 
Revenue Obligations shall be paid and from which money 
shall be disbursed in accordance with this Ordinance, the 
Board of Finance resolution adopted pursuant to this 
Ordinance and any trust indentures or other agreement 
approved by the Board of Finance pursuant to this 
Ordinance; 

(4) to determine and set forth the form, terms, 
provisions (including redemption provisions and sinking ^^ 
fund requirements, if any), manner or method of issuing i^^ 
and selling (including negotiated or competitive bid sale) 

and the time or times of issuance, selection of the 
imderwriters or placement agents, and any and all other 
details of the Revenue Obligations; 

(5) to prepare and distribute, in conjunction 
with the prospective underwriters or placement agents, if 
any, for the Revenue Obligations, preliminary and final 
official statements or placement memoranda or circulars 
as the Board of Finance deems necessary and appropriate 
in connection with the sale of the Revenue Obligations; 

(6) to determine the dates, times and places 
when an imderwriting or placement agreement or 
purchase contract shall be submitted by the underwriters 
or placement agents for the Revenue Obligations or 
purchasers of the Revenue Obligations, such imderwriting 
or placement agreement or purchase contract to specify 
the interest rate or rates proposed to be paid on the 



433 



Ord. No. 379 



Revenue Obligations, the price at which such Revenue 
Obligations are to be sold to such underwriters, the 
placement agents or purchasers as the Board of Finance 
may deem necessary or desirable in order to effect the 
sale and delivery of the Revenue Obligations; 

(7) to prescribe the principal amount, rate or 
rates of interest, denomination or denominations, date, 
maturity or maturities for the Revenue Obligations; 

(8) to appoint, as the Board of Finance deems 
^;. necessary and appropriate, a bank having trust powers, or 
•^J: a trust company, as trustee for the Revenue Obligations to 

^' be issued pursuant to this Ordinance; 

>}^ 

S". (9) to approve the form of trust agreement 

between the Qty and the Trustee, which trust agreement 
may (i) pledge and assign the Pledged Revenues, (ii) 
contain reasonable and proper provisions for the 
protection and enforcement of the rights and remedies of 
the Bondholders, (iii) set forth the rights and remedies of 
the Bondholders and the Trustee and may restrict the 
individual right of action by the Bondholders, (iv) permit 
the assignment of the Qt/s obligations under the trust 
agreement and the Pledged Revenues as is in the pubUc 
interest, and (v) contain whatever other provisions are 
deemed reasonable and proper for the security of the 
Bondholders; 

(10) to grant liens and encumbrances in the 
Qt/s interest or interests in the Convention Center 
Facilities to secure the Revenue Obligations and the 
Refunding Obligations to the extent permitted by 
applicable law; and 

(11) to perform any and all actions necessary or 
deemed appropriate by such Board in order to effect the 
issuance, sale and delivery of the Revenue Obligations in 
accordance with and pursuant to this Ordinance and the 
undervmting or placement agreements or purchase 
contracts for the Revenue Obligations. 



434 



Ord. No. 379 



SEC. 7. AND BE IT FURTHER ORDAINED, That, 
prior to the sale of the Revenue Obligations, the Board of 
Finance, unless the Qty shall otherwise prescribe, may 
determine by resolution: 

(1) the provisions of the trust agreement 
between the Qty and the Trustee; 

(2) the manner of execution, authentication, 
registration and transfer of the Revenue Obligations; 

(3) provisions for authentication and delivery of 
the Revenue Obligations; 

(4) the terms of the private insurance, public 
insurance or other security for the Revenue Obligations, if 

any; - 

*^ , 

(5) provisions for creation, holding and .^5i» 
disbursement of a construction fund to be held by the ^^^ 
Trustee or otherwise held in connection with the Revenue '^^Bl 



Obligations; 

•^ 

(6) provisions for creation, holding and ^^ 
disbursement of any other funds and accounts to be held 

by the Trustee; 

(7) provisions for the security for and 
investment of moneys and seciuities held by the Trustee; 

(8) the details of the procedure for the 
redemption of the Revenue Obligations; 

(9) remedies for Bondholders in the event of 
default; 

(10) the duties, rights and immunities of the 
Trustee; 

(11) the manner of execution of instruments by 
Bondholders and the method of proof of ownership of the 
Revenue Obligations; 



435 



a 



Ord. No. 379 



(12) provisions for modification of this 
Ordinance; 

(13) provisions for defeasance of the Revenue 
Obligations; 

(14) the forms of the Revenue Obligations, and 
the Trustee's authentication certificate; and 

(15) such other matters in connection with the 
transactions contemplated herein as may be deemed 
appropriate by the Board of Finance. 

'^i; Any resolution or resolutions adopted pursuant 

C}: to this Ordinance shall be deemed to be of an 

^>J administrative nature. 

'r SEC. 8. AND BE IT FURTHER ORDAINED, That the 

Board of Finance is hereby authorized to refund or 
advance refund the Revenue Obligations, at any time or 
from time to time, through the issuance of Refunding 
Obligations. Refunding Obligations shall be issued 
pursuant to one or more resolutions adopted by the Board 
of Finance, which re solution (s) shall specify (i) the terms 
and conditions upon which the Refunding Obligations will 
be issued, (ii) the plan or method by which the Revenue 
Obligations will be refunded, and (iii) such other matters 
as the Board of Finance shall deem necessary or advisable 
to determine by resolution including, but not limited to, 
the powers enumerated in Section 6 and Section 7 herein 
pertaining to Revenue Obligations. It is hereby expressly 
provided that the issuance of Refunding Obligations 
hereunder shall not be subject to any dollar limitations set 
forth in this Ordinance; provided, however, that the 
proceeds of such Refunding Obligations shall be used 
solely to refund Revenue Obligations and pay costs 
associated therewith (including, without limitation, the 
costs of issuing such Refunding Obligations). 

SEC. 9. AND BE IT FURTHER ORDAINED, That the 
Board of Finance is hereby authorized and empowered to 
adopt one or more resolutions from time to time, either 
before or after the issuance, sale and delivery of the 



436 



Ord. No. 379 



Revenue Obligations and Refunding Obligations, to 
supplement the resolution or resolutions referred to in the 
provisions of Sections 6, 7 and 8 hereof, and thereby 
approve amendments or supplements to or substitutes for 
the forms and provisions of the Revenue Obligations, the 
Refunding Obligations, any trust agreement or similar 
agreements and all other documents approved by such 
resolution or resolutions, provided that each supplemental 
resolution and each amendment, supplement or 
substitute shall be in accordance with the provisions of 
the Ordinance and the dociunents executed in connection 
with the Revenue Obligations and the Refunding 
Obligations and then in effect. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
Board of Finance may approve the issuance of and that 
the Revenue Obligations and Refunding Obligations may 
be issued in one or more series from time to time as the 
Board of Finance by resolution, adopted pursuant to this 
Ordinance, deems necessary or appropriate. 



SEC. 11. AND BE IT FURTHER ORDAINED, That the ^^ 

Qty hereby covenants that it will pay the principal of, the :^S 

premium, if any, on and interest on any Revenue x^ 

Obligations in the nature of bond anticipation notes or 
Refunding Obligations in the nature of bond anticipation 
notes from the proceeds of the obligations in anticipation 
of the sale of which the Revenue ObHgations or 
Refunding Obligations were issued hereunder when, and 
as soon as, the reason for deferring their issuance no 
longer exists; but in any event, in sufficient time to permit 
the payment of the Revenue Obligations or Refunding 
Obligations at maturity or extended maturity. 

SEC. 12. AND BE IT FURTHER ORDAINED, That 
subject to applicable law and public policy, the Qty shall 
establish the Hotel Tax Rate so that the amount of Hotel 
Tax Revenues to be collected in each fiscal year during 
which any Revenue Bonds or Refunding Obligations are 
outstanding will at least be equal to two hundred twenty- 
five percent (225%) of the Maximum Annual Debt Service 
Requirement, less the amount of capitalized interest or 
funded interest irrevocably deposited with the trustee or 



437 



c^ 






Ord. No. 379 



paying agent for the Revenue Obligations or Refunding 
Obligations and available to pay interest on the Revenue 
Obligations or Refunding Obligations during the fiscal 
year then being tested for compliance with this Section 
12. 

SEC. 13. AND BE IT FURTHER ORDAINED, That 
subject to applicable law and public policy, so long as any 
Revenue Obligations or Refunding Obligations are 
outstanding and unpaid, no Hotel Tax Revenues may be 
appropriated in any fiscal year for any purpose unless and 
until sufficient Hotel Tax Revenues are appropriated to 
satisfy the Debt Service Requirement for such fiscal year. 



Cj: SEC 14. AND BE IT FURTHER ORDAINED, That, 

f>^ although this Ordinance provides for, and the Board of 

Finance by resolution may provide for, a pledge of the 
Pledged Revenues with respect to the Revenue 
Obligations, nothing in this Ordinance shall be deemed to 
preclude a pledge, with respect to the Revenue 
Obligations and Refunding Obligations, of revenues of 
and amounts held in other funds, accounts, faciUties or 
arrangements if authorized by applicable law. 

SEC. 15. AND BE IT FURTHER ORDAINED, That, the 
Board of Finance shall procure the bond coimsel and 
underwriting services required in the financing of the 
Convention Center Facilities through competitive sealed 
bidding and in accordance with applicable law. The 
manner, time and place of such competitive sealed 
bidding shall be determined by the Board of Finance. 

SEC. 16. AND BE IT FURTHER ORDAINED, That, if 
any action on any matter delegated to the Board of 
Finance, or authorized for implementation by the Board 
of Finance shall not be acted upon by the Board of 
Finance, such actions and matters may be acted upon or 
implemented by a resolution, approved by the Qty 
Coimcil of the Qty, which is subsequendy approved by 
the Mayor or acting Mayor of the Qty. 

SEC 17. AND BE IT FURTHER ORDAINED, That the 
provisions of this Ordinance are severable, and if any 



438 



Ord. No. 380 



provision, sentence, clause, section or part thereof is held 
illegal, invalid or unconstitutional or inapplicable to any 
person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or 
impair any of the remaining provisions, sentences, 
clauses, sections, or parts of this Ordinance or its 
application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this 
Ordinance would have been adopted if such illegal, 
invalid or unconstitutional provision, sentence, clause, 
section or part had not been included therein, and if the 
person or circumstances to which this Ordinance or any 
part thereof is inapplicable had been specifically 
exempted therefrom. 

SEC. 18. AND BE IT FURTHER ORDAINED, That in 
the construction of this Ordinance the singular number 
shall include the plural number and the plural the 
singular. 

SEC. 19. AND BE IT FURTHER ORDAINED, That diis :PQ^ 

Ordinance shall take effect on the date of its enactment. V^ 

Approved June 30, 1994 t^ 

KURT L. SCHMOKE, Mayor 






CITY OF BALTIMORE 

ORDINANCE NO. 380 

(CouncU Bill No. 340) 

AN ORDINANCE concerning 

TOWING SERVICES 

FOR the purpose of increasing the minimimi amount of 
commercial liability insurance required for each 
licensed tower. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 



439 



Ord. No. 381 






Subtitle - Towing Services 
Section 140Cb) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 15 - UCENSES 

Towing Sendees 

140. Surety bond; liability insurance. 

(b) Every person who shall be licensed in the towing 
business under the provisions of this subtitie shall obtain 
commercial liability insurance in the amount of at least 
[$20,000.00] $100,000.00 per occurronco person. 
$300,000 per occurrence bodily injury liability, and 
$100,000 per occurrence property damage liability, to 
cover the cost of any damage to the vehicle resulting from 
the person's negligence. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 



Approved July 1, 1994 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 381 
(Council Bill No. 729) 
AN ORDINANCE concerning 

STREET ENCROACHMENT - 1327 MADISON AVENUE 



440 



Ord. No. 381 



FOR the purpose of authorizing the construction and 
maintenance of two bollards and their respective 
footings, projecting into the public right-of-way on the 
Morris Street side of the property known as Douglas 
Memorial Community Church at 1327 Madison 
Avenue. 

BY authority 

Article 32 - Building Code 

Subtide - Article 5 - General Building Limitations 
Section 507.1, 507.8 

Baltimore Qty Building Code (1990 Edition, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the construction 
and maintenance of 2 bollards (bumper posts) extending 
into the public right-of-way are hereby authorized on the 

Morris Street side of the property known as 1327 .^^ 

Madison Avenue. Each bollard shall be approximately 3 \yc^ 

feet high and 6" in diameter with required below-grade ,^S 

footings approximately 4 feet deep and 18" in diameter. iT^ 

The east face of one bollard shall be aligned with the east ^^ 

face of the southernmost existing bay window and ^^^ 

otherwise centered beneath the bay. The east face of the 
other bollard shall be aligned with the east face of the 
northernmost existing bay window and otherwise 
centered beneath that bay. Each bollard and its footing 
shall extend approximately 3 feet into the public right-of- 
way. 

Except as in this ordinance specifically provided, all 
ordinances and rules and regulations of the Mayor and 
Qty Council of Baltimore shall be complied with in the 
construction and use of the bollards. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



441 



Ord. No. 382 

CITY OF BALTIMORE 

ORDINANCE NO. 382 

(Council BUI No. 730) 

AN ORDINANCE concerning 

EMPLOYMENT AGENCIES 

FOR the purpose of excluding certain businesses from the 
^ definition of "employment agency". 

V^: BY repealing and reordaining with amendments 

?7 



Article 15 - Licenses 
§J;^ Subtide - Employment Agencies 

;;^' Section 51(b) 

iC^; Baltimore Qty Code (1983 Replacement Volume, as 

amended) 



*i'. 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of die 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 

follows: 

ARTICLE 15 - LICENSES 

Employment Agencies 

51. License required. 

(b) Definitions. The following terms have the 
meanings indicated unless their context clearly indicates 
otherwise. 

(1) "Employment agency" means any sole 
proprietorship, partnership, association, corporation, 
contractor or subcontractor who, for a fee, paid by either 
the prospective employer, employee, or both, (a) procures 
or offers or attempts to procure employees for persons 
seeking the service of employees, or (b) procures or offers 
or attempts to procure employment for persons, seeking 



442 



Ord. No. 383 



employment, or (c) engages in the business of furnishing 

information to persons seeking employment for the 

purpose of enabling the persons to secure employment. 

"Employment agency" includes (a) any person conducting 

a business which consists of employing individuals 

directly for the purpose of furnishing part-time or 

temporary help to others; and (b) any person, 

partnership, or corporation (i) whose fee is paid 100 

percent by the employer, (ii) that does not collect any 

money from an applicant. Bona fide educational, 

religious, charitable, fraternal, and benevolent 

organizations in which no fee, commission, or other 

charge is made for services rendered other than the 

ordinary membership dues, bona fide labor organizations 

undertaking to secure or securing work for their own 

members, [and] bona fide employers' organizations 

undertaking to secure or securing help for their own 

members, AND ANY PERSON WHO MERELY CONDUCTS 

A BUSINESS THAT (A) RECEIVES A FEE THAT IS PAID 

WHOLLY BY AN EMPLOYER, (B) DOES NOT COLLECT 

MONEY FROM AN INDIVIDUAL SEEKING EMPLOYMENT, gS 

AND (Q DOES NOT REQUIRE AN INDIVIDUAL SEEKING ^ 

EMPLOYMENT TO MAKE A CONTRACT, are not subject ^^ 

to this subtitie. t^ 

(2) "Person" means an individual, corporation, 
partnership, joint venture, firm, association, company, or 
any other public or private entity, or representative of any 
kind. 

SEC. 2. AND BE IT FURTHER ORDAINED, That diis 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 383 
(Council Bill No. 781) 






443 






Ord. No. 383 



AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 630-636 N. CHESTER STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the properties known as 
630-636 N. Chester Street, as outlined in red on the 
plats accompanying this ordinance, subject to certain 
conditions. 



^?; BY adding 

•^5; Article 30 - Zoning 

<5: Section(s) 6.2-ld-3 and 11.0-6d 

Of^ Baltimore Qty Code (1983 Replacement Volume, as 

amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
properties known as 630-636 N. Chester Street, as 
outlined in red on the plats accompanying this ordinance, 
imder the provisions of Section(s) 6.2-ld-3 and 11.0-6d 
of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended), title "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Coimcil, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 



444 



Ord. No. 384 



SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 384 

(Council Bill No. 804) 

AN ORDINANCE concerning 

CITY PROPERTY SALE - SOUTHEAST CORNER OF 

E. PATAPSCO AND FAIRHAVEN AVENUES !' . 

FOR the purpose of authorizing the Mayor and Qty :J^ 

Council of Baltimore to sell at either public or private ^ ^ 

sale all of the interest of the Mayor and Qty Coimcil K^ 

of Baltimore in and to a certain parcel of land located ^^^ 

at the southeast comer of E. Patapsco and Fairhaven ^^ 
Avenues, said parcel of land being no longer needed 
for public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty be and she is hereby authorized to sell, at 
either pubHc or private sale in accordance with Article V, 
Section 5(b) of the Qty Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 
Coimcil of Baltimore in and to a certain parcel of land 
situated in Baltimore, Maryland, and described as follows: 

Beginning for the same at a steel bar now set on the 
East side of Fairhaven Avenue now laid out 60 feet wide, 



445 



a 



Ord. No. 385 



said place of beginning being at the end of the fourth or 
last line of that parcel of land by which deed dated 
February 15, 1993, and recorded among the land records 
of Baltimore Qty in Liber S.E.B. 3651 Folio 487 was 
conveyed by Margaret M. Anderson to Margaret M. 
Anderson and running thence binding reversely along last 
said line as now surveyed South 65** 49' 30" East 96.59 
feet to the West side of a 15 foot alley laid out parallel to 
and distant 85 feet Easterly from the East side of said 
Fairhaven Avenue thence for new lines of division 
through the property of the Mayor and Qty Council of 
Baltimore, the three following courses and distances 
^t\ namely: North 04** 11' 14" West 79.55 feet. North 65" 49' 

'^\ 30" West 96.59 feet and South 04" 11' 14" West 79.55 

Ot feet to the place of beginning. Containing 6762 square 

C/^ feet or 0.16 acre of land more or less. 

All courses in the above description are referred to as 
true meridian as adopted by the Baltimore Qty Survey 
Control System. 

Said property being no longer needed for public use. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith until the 
same shall have been approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



T>':. 



CITY OF BALTIMORE 
ORDINANCE NO. 385 
(Council Bill No. 819) 
AN ORDINANCE concerning 

TICKET SCALPING - PENALTY 

446 



Ord. No. 385 



FOR the purpose of increasing the penalty for ticket 
scalping. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtide - Ticket Sales 
Section 198 

Baltimore Qty Code (1983 Replacement Volmne, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of die 
Baltimore Qty Code (1983 Replacement Volmne, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 19 - POUCE ORDINANCES 

Ticket Sales "^^ 

198. Ticket scalping prohibited. ;:^5 

'€^ 

It shall be milawful for any person, firm, association ^^ 

or corporation to sell or exchange, or offer to sell or t^ 

exchange, for more than the price stated thereon or for 
remmieration in any form greater than such price, any 
ticket or tickets for admission to a public amusement, 
athletic, educational, or other event in the Qty of 
Baltimore. A violation of the provisions of this section 
shall be deemed to be a misdemeanor and upon 
conviction thereof, shall be subject to a fine of not [less 
than five dollars ($5.00) and not more than five hundred 
doUars ($500.00)] MORE THAN $1,000; and the sale or 
exchange of, or offer to sell or exchange, each ticket in 
violation of the provisions of this section shall be treated 
as a separate offense. Nothing in this section shall be 
construed to make illegal or invalidate the excess sum 
which is permitted to be charged for certain tickets by a 
person engaged in the business of selling tickets imder the 
provisions of Section 24 of Article 15 of this Code. 



447 



Ord. No. 386 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 386 



%?' (Council Bill No. 833) 

vj: AN ORDINANCE concerning 

•;;;; resale of tickets to 

ic^i; ; professional sporting events 

';' \ FOR the purpose of prohibiting on public rights of way, 

\ within a certain distance of Oriole Park at Camden 

Yards and Memorial Stadium, the resale of tickets to 
professional sporting events; and providing for a 
penalty and enforcement by citation. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 
Subtitle - Special Enforcement Officers 
Section 145 (i) (3) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

BY adding 

Article 19 - Police Ordinances 
Subtitle - Ticket Sales 
Section 198A 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 



448 



Ord. No. 386 

amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 19 - POUCE ORDINANCES 

Special Enforcement Officers 

145. Prepayable citations. 

(i) Enumeration of code violations and penalties. 

The authority of the Special Enforcement Officers to 
issue citations with specified prepayable fines shall be 
limited to the following provisions of the Baltimore Qty 
Code, as those provisions may be amended fix>m time to 
time: 

(3) Article 19. Police Ordinances: 



Sec. 4. 


Baby chicks - sales at Easter 


$25 


Sec. 12. 


Craelty to animals - 
abandonment of animal 


$50 


Sec. 13. 


Craelty to animals - neglect 


$50 


Sec. 14. 


Craelty to animals - abuse 


$50 


Sec. 32. 


H(»ses - inspection, care and treatment 


$50 


Sec. 127. 


Rabbits - importation and sale 


$50 



SEC 198A RESALE OF TICKETS AT SPORTING EVENTS $ 25 

Sec 229. Electronically amplified sounds - 

Market Center $ 25 

Ticket Sales 

198A. PROHIBITED; RESALE OF TICKETS NEAR SPORTS 
FACIUTIES. 

(A) ON ANY PUBLIC RIGHT-OF-WAY WITHIN 1 MIUE 
OF THE OUTER PERIMETER OF ORIOLE PARK AT 
CAMDEN YARDS OR MEMORIAL STADRJM, A PERSON 
SHALL NOT OFFER FOR RESALE TICKETS TO ANY 
PROFESSIONAL SPORTING EVENT THAT TAKES PLACE 



449 






% 



Ord. No. 387 



IN ORIOLE PARK AT CAMDEN YARDS OR MEMORIAL 
STADIUM. 

(B) ANY PERSON WHO VIOLATES THIS SECTION IS 
GUILTY OF A MISDEMEANOR AND UPON CONVICTION 
MAY BE FINED NOT MORE THAT $50. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

^. Approved July 1, 1994 

^r KURT L. SCHMOKE, Mayor 

# 

S^ CITY OF BALTIMORE 

IC-! ORDINANCE NO. 387 

%. (Council BUI No. 854) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

CAPITAL APPROPRL\TION - 
POUCE DEPARTMENT - $8,500,000 

FOR the purpose of providing a supplementary General 
Fund Capital appropriation in the amount of 
$8,500,000 to the Police Department (Account 
#9918-206-022) for renovations of the Police 
Headquarters Building. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from Proceeds- Asbestos Litigation Setdements in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1994 fiscal 



450 



Ord. No. 387 



year, and said money is therefore available for 
appropriation to the Police Department (Account #9918- 
206-022) pm^uant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore Qty Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary General Fund (Capital 

appropriation has been recommended to the Qty Council 

by the Board of Estimates at a regular meeting of the 

Board held on the 4th day of May, 1994, all in 

accordance with Article VI, Section 2(h) (3) of the 

Baltimore Qty Charter (1964 Revision, as amended). 

t • 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND ^ 

CITY COUNCIL OF BALTIMORE, That under the ^ 

provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$8,500,000 shall be made available to the Police 
Department (Account #9918-206-022) as a 
supplementary General Fund Capital appropriation for the 
fiscal year ending June 30, 1994 to provide for 
renovations of the Police Headquarters Building which 
could not reasonably be anticipated at the time of 
formulation of the proposed Fiscal 1994 Ordinance of 
Estimates. The amount thus made available as a 
supplementary (General Fund Capital appropriation shall 
be provided from the Proceeds - Asbestos Litigation 
Setdements in excess of the amount from this source 
which was estimated or relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1994 fiscal year; and said funds from 
said Proceeds from Asbestos Litigation Setdements shall 
be the source of revenue for this supplementary Cxeneral 
Fund Capital appropriation as required by Article VI, 
Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended). 



451 



.•^ 



Ord. No. 388 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect June 30, 1994. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



Ciry OF BALTIMORE 
ORDINANCE NO. 388 

^ (Council Bill No. 855) 

V5^: AN ORDINANCE concerning 

of. SUPPLEMENTARY SPECL^L FUND 

*;;i OPERATING APPROPRIATION - 

IC^;, MAYORALTY RELATED - 

MISCELLANEOUS GENERAL EXPENSES - $100,000 

FOR the purpose of providing a supplementary Special 
Fund Operating appropriation in the amount of 
$100,000 to the Mayoralty-Related - Miscellaneous 
General Expenses (Program 122) for a Management 
Study - Department of Public Works. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
a grant from the Abell Foundation in excess of the 
amount from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1994 fiscal year, and said 
money is therefore available for appropriation to the 
Mayoralty Related - Miscellaneous General Expenses 
(Progam 122) pursuant to the provisions of Article VI, 
Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 



I 



452 






Ord. No. 388 



WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(2) of said Charter; and 

WHEREAS, This supplementary Special Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 4th day of May, 1994, 
all in accordance with Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under tiie 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the simi of 
$100,000 shall be made available to the Mayoralty 
Related - Miscellaneous General Expenses (Program 122) 
as a supplementary Special Fund Operating appropriation 

for the fiscal year ending June 30, 1994 to provide for a ^jO 

Management Study for the Department of Public Works J^ 

which could not reasonably be anticipated at the time of *^S 

formulation of the proposed Fiscal 1994 Ordinance of i^ 

Estimates. The amount thus made available as a 
supplementary Special Fund Operating appropriation shall 
be provided from the Abell Foimdation in excess of the 
amounts from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1994 fiscal 
year; and said funds from said Abell Foundation shall be 
the source of revenue for this supplementary Special Fimd 
Operating appropriation as required by Article VI, Section 
2(h)(2) of the Baltimore Qty Charter (1964 Revision, as 
amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



453 



Ord. No. 389 



CITY OF BALTIMORE 



ORDINANCE NO. 389 



I 



(CouncU BUI No. 876) 






AN ORDINANCE concerning 

SUPPLEMENTARY PARKING FUND 

OPERATING APPROPRL^TION - 

DEPARTMENT OF PUBUC WORKS - $300,000 

FOR the purpose of providing a supplementary Parking 
Fund Operating appropriation in the amount of 
$300,000 to the Department of Public Works 
(Program 232 - Parking Management) to provide 
additional operating expenses for Qty garages. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
Parking Garage receipts in excess of the amount from this 
source estimated and relied upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1994 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Public Works (Program 232 - Parking Management) 
pursuant to the provisions Article VI, Section 2(h) (3) of 
the Baltimore Qty Charter (1964 Revision, as amended); 
and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary Parking Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of May, 1994, 



454 



Ord. No. 390 



all in accordance with Article VI, Section 2(h) (3) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$300,000 shall be made available to the Department of 
Public Works (Program 232 - Parking Management) as a 
supplementary Parking Fund Operating appropriation for 
the fiscal year ending Jime 30, 1994 to provide additional 
operating expenses for Qty garages which could not 
reasonably be anticipated at the time of formulation of 
the proposed Fiscal 1994 Ordinance of Estimates. The 
amount thus made available as a supplementary Parking 
Fund Operating appropriation shall be provided from 
Parking Garage receipts in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1994 fiscal year; and said 
funds from said Parking Garage receipts shall be the :: ^^ 

source of revenue for this supplementary Parking Fund \r^ 

Operating appropriation as required by Article VI, Section *^^ 

2(h)(3) of the Baltimore Qty Clharter (1964 Revision, as 1^ 

amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect June 30, 1994. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 390 
(CouncU Bill No. 880) 
AN ORDINANCE concerning 

SUPPLEMENTARY SPECL\L FUND 



«'•• 

'^ 



455 



Y: 



Ord. No. 390 



OPERATING APPROPRIATION - 
HOUSING AND COMMUNITY DEVELOPMENT - $94,838 

FOR the purpose of providing a supplementary Special 
Fund Operating appropriation in the amount of 
$94,838 to the Department of Housing and 
Community Development (Human Services Division) 
to provide additional appropriation authority to be 
used for additional operating expenses for the Himian 
Services Division. 

^. BY authority of 

•^^r Article VI - Board of Estimates 

'^: Section 2(h)(2) 

^1'" Baltimore Gty Charter (1964 Revision, as amended) 

i'/ 

,*' ^ 

'^^ WHEREAS, The money appropriated herein represents 

tcjl, funding from the State Department of Housing and 

^^; : Community Development (Community Services Block 

Grant) in excess of the amount from this source estimated 
and relied upon by the Board of Estimates in determining 
the tax levy required to balance the budget for the 1994 
fiscal year, and said money is therefore available for 
appropriation to the Department of Housing and 
Conununity Development pursuant to the provisions of 
Article VI, Section 2(h)(2) of the Baltimore Qty Charter 
(1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, This supplementary Special Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of May, 1994, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 



456 



Ord. No. 391 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$94,838 shall be made available to the Department of 
Housing and Community Development (Himian Services 
Division) as a supplementary Special Fund Operating 
appropriation for the fiscal year ending Jime 30, 1994 to 
provide additional appropriation authority to be used for 
additional operating expenses to the Human Services 
Division which could not reasonably be anticipated at the 
time of formulation of the proposed Fiscal 1994 
Ordinance of Estimates. The amount thus made available 
as a supplementary Special Fund Operating appropriation 
shall be provided from the State Department of Housing 
and Community Development (Community Services Block 
Grant) in excess of the amount from this source which 

was estimated or relied upon by the Board of Estimates in _ . 

determining the tax levy required to balance the budget j.^ 

for the 1994 fiscal year; and said funds from said State Ic^ 

grant shall be the source of revenue for this ^5 

supplementary Special Fund Operating appropriation as aJJ^ 

required by Article VI, Section 2(h)(2) of the Baltimore ^^^^ 

Qty Charter (1964 Revision, as amended). '^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect June 30, 1994. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 391 

(Council Bill No. 881) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECIAL FUND 
OPERATING APPROPRL\TION - 



457 



^1'' 



Ord. No. 391 



HOUSING AND COMMUNITY DEVELOPMENT - 
$1,393,000 

FOR the purpose of providing a supplementary Special 
Fund Operating appropriation in the amount of 
$1,393,000 to the Department of Housing and 
Community Development (Maryland Energy 
Assistance Program - MEAP) to provide additional 
appropriation authority to be used for additional 
energy assistance benefits for MEAP eligible 
households. 



I 



BY authority of 

Article VI - Board of Estimates 
Cj: Section 2(h)(2) 

of, Baltimore Qty Charter (1964 Revision, as amended) 



WHEREAS, The money appropriated herein represents 
funding from the State Department of Human Resources 
in excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1994 fiscal 
year, and said money is therefore available for 
appropriation to the Department of Housing and 
Community Development pursuant to the provisions of 
Article VI, Section 2(h) (2) of the Baltimore Qty Charter 
(1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(2) of said Charter; and 

WHEREAS, This supplementary Special Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of May, 1994, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 



458 



Ord. No. 392 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$1,393,000 shall be made available to the E>epartment of 
Housing and Community Development (Maryland Energy 
Assistance Program - MEAP) as a supplementary Special 
Fund Operating appropriation for the fiscal year ending 
June 30, 1994 to provide additional appropriation 
authority to be used for additional energy assistance 
benefits for MEAP eligible households which could not 
reasonably be anticipated at the time of formulation of 
the proposed Fiscal 1994 Ordinance of Estimates. The 
amount thus made available as a supplementary Special 
Fund Operating appropriation shall be provided from the 
State Department of Human Resources in excess of the 
amount from this source which was estimated or relied 
upon by the Board of Estimates in determining the tax 
levy required to balance the budget for the 1994 fiscal 
year; and said funds from said State grant shall be the 

source of revenue for this supplementary Special Fund ' ^ 

Operating appropriation as required by Article VI, Section ilr^ 

2(h)(2) of the Baltimore Qty Charter (1964 Revision, as '^^ 

amended). t^^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect June 30, 1994. 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 392 

(Council Bill No. 882) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECLU FUND OPERATING 

APPROPRIATION - 

HOUSING AND COMMUNITY DEVELOPMENT - $142,000 



459 









7^ 



Ord. No. 392 



FOR the purpose of providing a supplementary Special 
Fund Operating appropriation in the amount of 
$142,000 to the Department of Housing and 
Community Development (Program 593 - Community 
Support Projects) to provide appropriation for 
additional operating expenses for the Community 
Support Projects' program. 

BY authority of 

Article VI - Board of Estimates 

Section 2Ch)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 



WHEREAS, The money appropriated herein represents 
vjc funding from the Department of Housing and Urban 

^^ Development (Community Development Block Grant - 

.* Entitlement XVII) in excess of the amount from this 

^.'' source estimated and relied upon by the Board of 

Estimates in determining the tax levy required to balance 
the budget for the 1994 fiscal year, and said money is 
therefore available for appropriation to the Department of 
Housing and Community Development pursuant to the 
provisions of Article VI, Section 2(h)(2) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources v^hich could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, This supplementary Special Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of May, 1994, 
all in accordance v^th Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 



460 



Ord. No. 393 



$142,000 shall be made available to the Department of 
Housing and Community Development (Program 593 - 
Community Support Projects) as a supplementary Special 
Fund Operating appropriation for the fiscal year ending 
June 30, 1994 to provide appropriation to be used for 
additional operating expenses for the Community Support 
Projects' program which could not reasonably be 
anticipated at the time of formulation of the proposed 
Fiscal 1994 Ordinance of Estimates. The amount thus 
made available as a supplementary Special Fund 
Operating appropriation shall be provided from the 
Department of Housing and Urban Development 
(Community Development Block Grant - Entidement XVID 
in excess of the amount from this source which was 
estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1994 fiscal year; and said funds from said Federal 
grant shall be the source of revenue for this 
supplementary Special Fund Operating appropriation as 
required by Article VI, Section 2(h)(2) of the Baltimore 



CITY OF BALTIMORE 

ORDINANCE NO. 393 

(Coundl BUI No. 883) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECLU FUND 

OPERATING APPROPRIATION - 

HOUSING AND COMMUNITY DEVELOPMENT - $274,500 

FOR the purpose of providing a supplementary Special 
Fund Operating appropriation in the amount of 
$274,500 to the Department of Housing and 



461 



.^ 



Qty Charter (1964 Revision, as amended). : 3^ 

SEC. 2. AND BE IT FURTHER ORDAINED, That diis ^ 

ordinance shall take effect Jime 30, 1994. l^ 

Approved July 1, 1994 

KURT L. SCHMOKE, Mayor 



Ord. No. 393 



Conunimity Development (Program 593 - Community 
Support Projects) to provide appropriation for 
additional operating expenses for the Community 
Support Projects' program. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 



1 



:^M,\ 



WHEREAS, The money appropriated herein represents 
funding from the Department of Housing and Urban 
Development (Community Development Block Grant - 
Entitlement XIX) in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1994 fiscal year, and said money is therefore 
available for appropriation to the Department of Housing 
and Commimity Development pursuant to the provisions 
of Article VI, Section 2(h)(2) of the Baltimore Qty 
Charter (1964 Revision, as amended); and 



WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, This supplementary Special Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of May, 1994, 
all in accordance with Article VI, Section 2(h) (2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under tiie 
provisions of Article VI, Section 2(h) (2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$274,500 shall be made available to the Department of 
Housing and Commimity Development (Program 593 - 
Community Support Projects) as a supplementary Special 



462 



Ord. No. 394 



Fund Operating appropriation for the fiscal year ending 
June 30, 1994 to provide appropriation to be used for 
additional operating expenses for the Community Support 
Projects' program which could not reasonably be 
anticipated at the time of formulation of the proposed 
Fiscal 1994 Ordinance of Estimates. The amount thus 
made available as a supplementary Special Fund 
Operating appropriation shall be provided from the 
Department of Housing and Urban Development 
(Community Development Block Grant - Entitlement XDQ 
in excess of the amount from this source which was 
estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1994 fiscal year; and said funds from said Federal 
grant shall be the source of revenue for this 
supplementary Special Fund Operating appropriation as 
required by Article VI, Section 2(h)(2) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this ;;^ 

ordinance shall take effect June 30, 1994. 3^ 

Approved July 1, 1994 ^S^ 

KURT L. SCHMOKE, Mayor ^ 



CITY OF BALTIMORE 

ORDINANCE NO. 394 

(Council Bill No. 884) 

AN ORDINANCE concerning 

SUPPLEMENTARY SPECLU FUND 

OPERATING APPROPIUATION - 

HOUSING AND COMMUNITY DEVELOPMENT - 

$2,806,575 

FOR the purpose of providing a supplementary Special 
Fund Operating appropriation in the amount of 
$2,806,575 to the Department of Housing and 
Community Development (Program 605 - Head Start) 



463 



Ord. No. 394 



to provide additional appropriation authority to 
support the continuation of Head Start Services and 
provide comprehensive services to homeless Head 
Start families. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(2) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 

>^ funding from a U.S. Department of Health and Human 

^' Services grant in excess of the amoimt from this source 

'^ estimated and relied upon by the Board of Estimates in 

^ determining the tax levy required to balance the budget 

^ for the 1994 fiscal year, and said money is therefore 

^ available for appropriation to the Department of Housing 

C^^;, and Community Development pursuant to the provisions 

^j! of Article VI, Section 2(h)(2) of the Baltimore Qty 

?5 Charter (1964 Revision, as amended); and 

\. WHEREAS, The additional sum here appropriated is 

from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(2) of the Baltimore Qty Charter (1964 
Revision, as amended); and 

WHEREAS, This supplementary Special Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of May, 1994, 
all in accordance with Article VI, Section 2(h)(2) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(2) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$2,806,575 shall be made available to die Department of 
Housing and Community Development (Program 605 - 
Head Start) as a supplementary Special Fund Operating 
appropriation for the fiscal year ending June 30, 1994 to 



464 



Ord. No. 395 



provide additional appropriation authority to support the 
continuation of Head Start Services and provide 
comprehensive services to homeless Head Start families 
which could not reasonably be anticipated at the time of 
formulation of the proposed Fiscal 1994 Ordinance of 
Estimates. The amount thus made available as a 
supplementary Special Fund Operating appropriation shall 
be provided from a U.S. Department of Health and 
Human Services Grant in excess of the amount from this 
source which was estimated or relied upon by the Board 
of Estimates in determining the tax levy required to 
balance the budget for the 1994 fiscal year; and said 
funds from said Federal grant shall be the source of 
revenue for this supplementary Special Fund Operating 
appropriation as required by Article VI, Section 2(h)(2) of 
the Baltimore Qty Qiarter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect June 30, 1994. 



^ 



Approved July 1, 1994 ^O 

KURT L. SCHMOKE, Mayor r^ 
^ 

CITY OF BALTIMORE 

ORDINANCE NO. 395 

(Council Bill No. 772) 

AN ORDINANCE concerning 

CORRECTIVE BILL - 

AMENDING ORDINANCE NO. 241, 1993 

HOUSING FOR THE ELDERLY 

FOR the purpose of amending Ordinance No. 241, 

approved July 7, 1993, which authorized housing for 
the elderly, by amending the number of permitted 
units. 

BY repealing and reordaining with amendments 
Section 1 



465 



Ord. No. 396 



Ordinance No. 241 of the Mayor and Qty Council of 
Baltimore, approved by the Mayor on July 7, 1993. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section 1 of 
Ordinance No. 241, approved July 7, 1993, is hereby 
repealed and reordained with amendments to read as 
follows: 

"SECTION 1. BE IT ORDAINED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, That 
permission is hereby granted for the establishment, 
^f' maintenance and operation of [27] 30 units of 

^ housing for the elderly on the property known as 

vfi 1508 Harford Avenue, as outlined in red on the plats 

^ accompanying this ordinance, under the provisions of 

^- Sections 6.1-ld-3 and 11.0-6d of Article 30 of the 

ic5 Baltimore Qty Code (1983 Replacement Volume, as 

amended) tided "Zoning"." 



C^r 



>« 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 5, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 396 

(CouncU Bill No. 792) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - BONVIEW AVENUE 

FOR the purpose of repealing Ordinance No. 717, 

approved June 30, 1986, which provided for reserved 
handicapped parking on the south side of Bonview 
Avenue west of Eastmont Avenue for Bonnie 
Buchanan. 



466 



Ord. No. 397 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 717, 
approved June 30, 1986, is hereby repealed and the 
authorization for reserved handicapped parking on the 
south side of Bonview Avenue west of Eastmont Avenue 
for Bonnie Buchanan therein provided, is hereby repealed. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 5, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 397 

(Council Bill No. 834) 

f". 
AN ORDINANCE concerning 5^ 

-^ 

REPEAL OF RESERVED PARKING - ASHBURTON STREET ^ 

FOR the purpose of repealing Ordinance No. 822, 
approved November 12, 1982, which provided for 
reserved handicapped parking on the east side of 
Ashburton Street north of Qifton Avenue for 
McKinley Brown. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 822, 
approved November 12, 1982, is hereby repealed and the 
authorization for reserved handicapped parking on the 
east side of Ashburton Street north of Clifton Avenue for 
McKinley Brown therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 5, 1994 

KURT L. SCHMOKE, Mayor 



467 



Ord. No. 398 

CITY OF BALTIMORE 
ORDINANCE NO. 398 
(Council Bill No. 835) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - KENYON AVENUE 

FOR the purpose of repealing Ordinance No. 802, 
approved October 22, 1986, which provided for 
reserved hnadicapped parking on the south side of 
^r Kenyon Avenue west of Mannasota Avenue for Kelly 

^ Lynn Perry. 

^ SECTION 1. BE IT ORDAINED BY THE MAYOR AND 

'^ CITY COUNCIL OF BALTIMORE, That Ordinance No. 802, 

^ approved October 22, 1986, is hereby repealed and the 

authorization for reserved handicapped parking on the 
south side of Kenyon Avenue west of Mannasota Avenue 
for Kelly Lynn Perry therein provided, is hereby rescinded. 



<^r 






k 



SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 5, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 399 

(Council Bill No. 836) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - LONGWOOD STREET 

FOR the purpose of repealing Ordinance No. 951, 

approved May 21, 1987, which provided for reserved 
handicapped parking on the west side of Longwood 
Street south of Winchester Street for Eather Lofton. 



468 



Ord. No. 400 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 951, 
approved May 21, 1987, is hereby repealed and die 
audiorization for reserved handicapped parking on the 
west side of Longwood Street south of Winchester Street 
for Eather Lofton therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 5, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 400 
(Council Bill No. 837) 



25i 

AN ORDINANCE concerning ^ 

REPEAL OF RESERVED PARKING - LYNDALE AVENUE ^ 

FOR the purpose of repealing Ordinance No. 586, 
approved January 24, 1986, which provided for 
reserved handicapped parking on the north side of 
Lyndale Avenue east of Erdman Avenue for James A. 
Morris. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 586, 
approved January 24, 1986, is hereby repealed and the 
authorization for reserved handicapped parking on the 
north side of Lyndale Avenue east of Erdman Avenue for 
James A. Morris therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 5, 1994 

KURT L. SCHMOKE, Mayor 



469 



Ord. No. 401 

CITY OF BALTIMORE 

ORDINANCE NO. 401 

(Council Bill No. 37) 

AN ORDINANCE concerning 

SOLID WASTE SURCHARGES 

FOR the purpose of adding th e Maryland Food Bank to 
^ th e list of e ntitioc clarifying the exemption provided 

^ for nonprofit organizations to be exempted from the 

^ surcharge. 

<^ BY adding 

^- Articl e 23 — Sanitation 

tf^ Subtid e — Solid Wast e Surcharges 

*^j S e ction 28(c)(8) 

•^y Baltimore Z\Vf Cod e (1983 R e placement VolumO) as 

*^ amended) 

I 

BY repealing 

Article 23 - Sanitation 
Subtitle - Solid Waste Surcharges 
Section 28 (c) 

Baltimore Gty Code (1983 Replacement Volume, as 
amended) 

BY renumbering 

Article 23 - Sanitation 
Subtide - Solid Waste Surcharges 
Section 28 (d) 

Baltimore Gty Code (1983 Replacement Volume, as 
amended) 

BY adding 

Article 23 - Sanitation 
Subtide - Solid Waste Surcharges 
Sections 28(c). (d) 

Baltimore Gty Code (1983 Replacement Volume, as 
amended) 



470 



Ord. No. 401 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE. That subsection (c) of 
Section 28 of Article 23 - Sanitation of the Baltimore Gty 
Code CI 983 Replacement Volume, as amended) be 
repealed. 

SECTION 2. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE. That subsection (d) of 
Section 28 of Article 23 - Sanitation of the Baltimore Gty 
Code C1983 Replacement Volume, as amended) be 
renumbered to be subsection Ce) of Section 28 of Article 
23 - Sanitation of the Baltimore Gty Code C1983 
Replacement Volume, as amended). 

SECTION 4 3. BE IT ORDAINED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, That Section(s) of 
the Baltimore Gty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: j,^ 

5^ 
ARTICLE 23 - SANITATION 3|2 

Solid Waste Surcharges ^^ 

28. Exemptions. 

(c) Th e following e ntiti e c ar e her e by ex e mpt e d from 
th e solid wast e hauler dicpocal surcharg e for solid wast e 
which is donated to them and d e liv e r e d to solid wast e 
acc e ptanc e faciliti e s own e d and operated by th e Gt>'- of 
Boltimoroi 

(8) MARYLA^JD FOOD BANK 

(O ANY SOLID WASTE HAULED FROM A 
NONPROFIT ORGANIZATION (AS DEFINED IN SECTION 
ll-204rA)r3) AND (D) OF THE TAX-GENERAL ARTICLE 
OF THE ANNOTATED CODE OF MARYLAND. AS 
AMENDED) CERTIFIED AS TO ITS NONPROFIT STATUS 
BY THE DIRECTOR OF FINANCE, WHICH IS OTHERWISE 
EXEMPT FROM DISPOSAL FEES CHARGED BY A SOLID 
WASTE ACCEPTANCE FACILITY WHICH GENERALLY 
CHARGES HAULERS DISPOSAL FEES FOR ACCEPTANCE 



471 



Ord. No. 402 



OF THEIR SOLID WASTE, SHALL NOT BE SUBJECT TO 
THE SOLID WASTE HAULER DISPOSAL SURCHARGE 
ONLY WITH REGARD TO DISPOSAL AT SUCH SOLID 
WASTE DISPOSAL ACCEPTANCE FACILITY. 

CD) NEIGHBORHOOD IMPROVEMENT 
ASSOCLfliTIONS ARE EXEMPTED FROM THE SOLID 
WASTE HAULER DISPOSAL SURCHARGE FOR SOLID 
WASTE DESCRIBED IN AGREEMENTS BETWEEN THE 
NEIGHBORHOOD ASSOCL^^TION AND THE CITY OF 
BALTIMORE IN AN AGREEMENT APPROVED BY THE 
^ BOARD OF ESTIMATES AND DELIVERED BY THE 

^'^'. NEIGHBORHOOD ASSOCIATION TO SOLID WASTE 

^ ACCEPTANCE FACELITIES OWNED AND OPERATED BY 

Vf. THE CITY OF BALTIMORE. 

I 

>^ SEC. 3 4. AND BE IT FURTHER ORDAINED, That 

iC^ this ordinance shall take effect on th e 3Qth day aft e r th e 

date of its e nactm e nt. Januarv 1, 1994. 



>•: 



t 



Approved July 5, 1994 



\ , KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 402 

(Council BUI No. 612) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
SHERWOOD FORD 

FOR the purpose of approving the application of Govans 
Ecumenical Development Corporation to amend the 
Business Planned Development approved by 
Ordinance No. 189, approved October 8, 1984, as 
amended by Ordinance No. 1040, approved July 22, 
1987, known generally as Sherwood Ford, Inc.^ 
limiting the number of units to 41, including the 
manager's unit; subjecting the final landscaping and 



472 



Ord. No. 402 



stormwater management plan to final design approval 
by the Planning Department: subjecting the proposal 
to final approval by the Commission for Historic and 
Architectural Preservation: and approving the 
Development Plan submitted for this purpose by 
Govans Ecumenical Development Corp. 

BY authority 

Article 30 - Zoning 
Section 12.0-1 and 12.0-2 

Baltimore Qty Code (1983 Replacement Volimie, as 
amended) 

WHEREAS, Ordinance No. 189, approved October 8, 
1984, as amended by Ordinance No. 1040, approved July 
22, 1987, approved the application of Sherwood Ford, 
Inc. to have the property known as 5104-5114 and 5200 
York Road, consisting of 6.2 acres, more or less, 
designated a Business Planned Development in 
accordance with Sections 12.0-1 and 12.0-2 of Article 30 
of the Baltimore Qty Code (1983 Replacement Volume, t^ 

as amended). ^-^ 

WHEREAS, The (jovans Ecumenical Development 1^^ 

Corporation now wishes to develop 40 units of housing 
for low income senior citizens on the Area D parcel, to 
include the renovation of the structure known as the 
"Gallagher Mansion" and the construction of a two story 
apartment building; and 

WHEREAS, On Jime 16, 1993, representatives from 
Govans Ecumenical Development Corporation conferred 
with representatives of the Director of Planning, the 
designated officer of the Baltimore Qty Planning 
Commission, to hold a pre-petition conference to explain 
the scope and nature of the proposed amendment to the 
Development Plan; and 

WHEREAS, That the final design of the project shall 
be submitted for review approval by the Planning 
Commission; and 



5^ 



473 



Old. No. 402 



WHEREAS, Together herewith, Govans Ecmnenical 
Development Corporation has made formal application to 
the Qty Council of Baltimore intended to satisfy the 
requirements spediied in Sections 12.0-1 and 12.0-2 of 
the Baltimore Qty Code (1983 Replacement Volume, as 
amended); now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the application of 
Govans Ecumenical Development Corporation to amend 
the Development Plan approved by Ordinance No. 189, 
approved October 8, 1984, as amended by Ordinance No. 
^' 1040, approved July 22, 1987, pursuant to Article 30, 

^ Sections 12.0-1 and 12.0-2 of the Baltimore Qty Code 

Vfi (1983 Replacement Volume, as amended) . for no more 

^ than 41 units of housing for low income senior citizens, 

"^ • be and it is hereby approved , subject to final design 

iC^^ approval by the Planning Department of final landscaping 

and storm water plans, and subject to final approval by 
the Commission for Historic and Architectural 



<^r 






Preservation of the proposal . 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
Development Plan for the Property (consisting of 3 sheets 
identified as follows: Sheet 1, Existing Conditions dated 
April 21. 1994; Sheet 2, Proposed Site Plan, dated April 
21. 1994; and Sheet 3, Elevations, dated April 21, 1994) 
as attached to this Ordinance and made a part of it. be 
and is hereby approved. 

SEC. 23. AND BE IT FURTHER ORDAINED, That 
upon passage of this Ordinance by the Qty Council, as 
evidence of the authenticity of the Amended Development 
Plan hereof and in order to give notice to the departments 
which are administering the Zoning Ordinance, the 
President of the Qty Council shall sign the Amended 
Development Plan, and when the Mayor approves the 
(Drdinance, he shall sign the Amended Development Plan. 
The Director of Finance shall then transmit a copy of the 
Ordinance and the Amended Development Plan to the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Supervisor of Assessments for Baltimore 
Qty and the Zoning Administrator of Baltimore Qty. 



474 



Ord. No. 403 



SEC. 34. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 403 

(Council BUI No. 738) 

AN ORDINANCE concerning 

ZONING - PLANNED UNIT DEVELOPMENT 
1401-1415 EAST COLD SPRING LANE 



FOR the purpose of amending Ordinance No. 755, ^^ 

approved June 2, 1991, by inserting a list of ^ 

permitted uses which was omitted from the original J2 

approving ordinance. ^'^ 

BY adding to l^ 

Ordinance No. 755, Approved June 2, 1991 
New Section 3 

BY authority of 

Article 30 - Zoning 
Section 12.0-1 and 12.0-4 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

WHEREAS, In the course of the passage of Qty 
Council Ord. 755, approved June 2, 1991, No. 1037 an 
amendment which listed the uses that would be permitted 
on the property, and which had been agreed to by all 
affected community organizations and the third district 
councilmanic delegation, was omitted from consideration 
at the second reading of the bill; now, therefore, 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That a new Section 3 is 



475 



Ord. No. 403 



hereby added to Ordinance No. 755, approved June 2, 
1991, to read as follows, and the succeeding section 
numbers are hereby changed consistent with this 
amendment: 

"SEC. 3. AND BE IT FURTHER ORDAINED, That the 
development plan approved hereby may utilize and is 
subject to the following use and bulk regulations and 
limitations: 

(1) ALL GENERAL REQUIREMENTS, 
PERMITTED USES AND CONDITIONAL USES AVAILABLE 
^' IN AND APPUCABLE TO B-1 ZONING DISTRICTS, 

^ EXCEPT THAT THE GROSS FLOOR AREA LIMITATIONS 

^ OF SECTION 6.1-1(A)(1) OF THE BALTIMORE CITY 

^ CODE SHALL NOT APPLY TO THE DEVELOPMENT PLAN 

^ APPROVED HEREBY. 



C^ 



^\ 



(2) ALL GENERAL REQUIREMENTS AND THE 
;j FOLLOWING PERMITTED USES AND CONDITIONAL 

!: USES AVAILABLE IN AND APPUCABLE TO THE ZONING 

CLASSIFICATIONS SPECIFIED: 

(A) PERMITTED USES (B.2 DISTRICT): 

1. BICYCLE SALES, RENTAL, AND 
REPAIR STORES 

2. BLUEPRINTING AND 
PHOTOSTATING ESTABUSHMENTS 

3. BUSINESS AND OFFICE MACHINE 
SALES, RENTAL, AND SERVICE 
SHOPS 

4. CAMERA AND PHOTOGRAPHIC 
SUPPLY STORES 

5. CHINA AND GLASSWARE STORES 

6. CLOTHING AND COSTUME 
RENTAL STORES, INaUDING 
FORMAL WEAR 

7. COIN AND PHILATEUC STORES 

8. ELECTRICAL AND HOUSEHOLD 
APPLL^NCE STORES 

9. FABRIC SHOPS 

10. FINANCLU INSTITUTIONS 



476 



Ord. No. 403 



11. GARDEN SUPPLY, TOOL, AND 
SEED STORES 

12. HOBBY SHOPS 

13. INTERIOR DECORATING SHOPS 

14. JEWELRY STORES 

15. LEATHER GOODS AND LUGGAGE 
STORES 

16. LOCKSMITH SHOPS 

17. MILLINERY SHOPS 

18. MUSICAL INSTRUMENT SALES 
AND REPAIR SHOPS 

19. NOVELTY SHOPS 

20. OFFICES 

21. OPTICL^N SALES 

22. PAINT, WALLPAPER, TILE, AND 
FLOOR COVERING STORES 

23. PHILANTHROPIC AND 
CHARTTABLE INSTITUTIONS 

24. PHOTOCOPYING SERVICES ci. 

25. PHOTOGRAPHERS 2J 

26. PICTURE FRAMING SHOPS ^ 

27. POST OFFICES '-^ 

28. PHONOGRAPH RECORD AND 2^ 
SHEET MUSIC STORES i:^ 

29. SECRETARLU AND TELEPHONE 
ANSWERING SERVICES 

30. SPORTING AND ATHLETIC 
GOODS STORES 

31. STATIONERY STORES 

32. TOY STORES 

33. TRAVEL BUREAUS 

34. VIDEO MOVIE SALES AND 
RENTALS STORES 

35. WATCH AND CLOCK SHOPS 

36. WIG SHOPS 

(B) CONDITIONAL USES (B-2 DISTRICT): 

1. ARTISANS' AND CRAFT WORK 

2. JUNIOR COLLEGES, COLLEGES, 
BUSINESS COLLEGES, AND 
UNIVERSITIES 

3. SCHOOLS, COMMERCL^L 



477 



Ord. No. 404 

(Q PERMnTED USES (B-3 DISTRICT): 
1. COMPUTER CENTERS 

(3) ACCESSORY OR AUXILIARY OUTDOOR 
SALES OR STORAGE OF ANY PRODUCT OR 
MERCHANDISE SHALL NOT BE PERMITTED. 

(4) HOURS OF OPERATION OF ALL 
BUSINESSES LOCATED WITHIN THE BUSINESS 
PLANNED UNIT DEVELOPMENT SHALL BE SUNDAY 
THROUGH THURSDAY - 7:00 A.M. UNTIL 11:00 P.M., 

^' AND FRIDAY THROUGH SATURDAY - 7:00 A.M. UNTIL 

^ 12:00 A.M. (MIDNIGHT), EXCEPT THAT THE CHINESE 

Vf. RESTAURANT KNOWN AS "GOLDEN JOY CARRY OUT", 

^ IN EXISTENCE ON THE DATE THIS ORDINANCE IS 

C'- APPROVED, SHALL BE PERMITTED TO CONTINUE THE 

<^ HOURS OF OPERATION IN EFFECT ON THAT DATE 

•^^ . UNTIL SAID USE IS DISCONTINUED OR ABANDONED 



^: 



% 



FOR A PERIOD EXCEEDING THIRTY DAYS." 



i; SEC. 2. AND BE IT FURTHER ORDAINED, That this 

' f ordinance shall take effect on the date of its enactment. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 404 

(CouncU BUI No. 749) 

AN ORDINANCE concerning 

FAMILY AND GROUP DAY CARE CENTERS - 
FIRE INSPECTION FEES 

FOR the purpose of establishing maximum fire inspection 
fees for family and group day care centers : providing 
certain exemptions . 



478 



Ord. No. 404 

BY repealing and reordaining with amendments 
Article 9 - Fire Department and Fire Gxie 
Subtitie - Fire Prevention Code 
Section F-104.10 

Fire Prevention Gxie of Baltimore Qty (1990 Edition, 
as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That section(s) of the 
Fire Prevention Code of Baltimore Qty (1990 Edition, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 9 - FIRE DEPARTMENT AND FIRE CODE 

Fire Prevention Code 

Section F- 104.0 Enforcement Authority 






F-104.10 General power to impose fees for non-fire 

suppression services: The Director of Finance may J2 

establish a fee schedule for non-fire suppression services — ^ 

performed by the Fire Department. The fee schedule 2^ 

provided for in this section shall be reviewed by the 1^^ 

Director of Finance annually and the Director of Finance 

shall base the cost of the fees on the expense incurred by 

the Fire Department in performing non-fire suppression 

services. 

EXCEPTION: NOTWITHSTANDING THE PRO\aSIQNS 
OF THIS SECTION, THE FEE FOR THE ANNUAL FmE 
I>JSPECTIQN FOR A FAMILY Dx^Y CARE CENTER 
SH.^LL NOT EXCEED $30 A>JD THE FEE FOR THE 
ANNUAL I>JSPECTION OF A GROUP DAY CARE 
CE^JTER SHALL NOT EXCEED $30. 

EXCEPTIONS: ANY CITY-OWNED GROUP DAY CARE 
CENTER AND ANY NONPROFIT FAMILY OR GROUP 
DAY CARE CENTER OPERATING IN A CITY-OWNED 
FACILITY WHERE THE FAMILY OR GROUP DAY 
CARE CENTER INSPECTION IS CONDUCTED AS 
PART OF OR INCIDENTAL TO THE INSPECTION OF 
THE CITY-OWNED FACILITY SHALL BE EXEMPT 



479 



Ord. No. 405 



FROM THE IMPOSITION OF FIRE INSPECTION FEES. 
FOR ALL OTHER FAMILY AND GROUP DAY CARE 
CENTERS, THE FEE FOR THE FIRE INSPECTION FOR 
A FAMILY DAY CARE CENTER SHALL NOT EXCEED 
$20 AND THE FEE FOR THE INSPECTION OF A 
GROUP DAY CARE CENTER SHALL NOT EXCEED 
$30. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

^' Approved July 6, 1994 

^ KURT L. SCHMOKE, Mayor 

I 






CITY OF BALTIMORE 

ORDINANCE NO. 405 

(Council BUI No. 766) 

AN ORDINANCE concerning 

STREET ENCROACHMENT - 
200 S. PATTERSON PARK AVENUE 

FOR the purpose of authorizing the construction and 
maintenance of a second Ori e l bay window projecting 
approximately 4 feet into the public right of way on 
the front of the property known as 200 S. Patterson 
Park Avenue. 

BY authority 

Article 32 - Building Code 

Subtide - Article 5 - General Building Limitations 
Section 507.7 

Baltimore Qty Building Code (1990 Edition, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the construction 



480 



Ord. No. 406 



and maintenance of a second Ori e l bay window are 
hereby authorized on the front of the property known as 
200 S. Patterson Park Avenue. The structure shall project 
into the public right-of-way approximately 4 feet. 

Except as specifically provided in this ordinance, all 
ordinances and all rules and regulations of the Mayor and 
Qty Council of Baltimore shall be complied with in the 
construction and maintenance of this structures. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 406 2J 

(Council Bill No. 823) :^ 

AN ORDINANCE concerning J^ 

BOND ISSUE - 
ECONOMIC DEVELOPMENT LOAN - $6,150,000 

FOR the purpose of authorizing the Mayor and Qty 
Coimcil of Baltimore (pursuant to Resolution VII of 
1994 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Six Million 
One Hundred Fifty Thousand Dollars 
($6,150,000.00), the proceeds derived from the sale 
thereof to be used for the cost of issuance, including 
the expense of engraving, printing, advertising, 
attorneys* fees, and all other incidental expenses 
coimected therewith, and the remainder of such 
proceeds to be used for or in coimection with 
planning, developing, executing, and making 
operative the commercial and industrial economic 
development program of the Mayor and Qty Council 



481 



<^ 



>•; 



Ord. No. 406 



of Baltimore, including, but not limited to, the 
acquisition, by purchase, lease, condemnation or any 
other legal means, of land or property, or any right, 
interest, franchise, easement or privilege therein, in 
the Qty of Baltimore; the payment of any and all 
costs and expenses incurred in connection with or 
incidental to the acquisition and management of said 
land or property, including any and all rights or 
interest therein hereinbefore mentioned; the payment 
of any and all costs and expenses incurred for or in 
connection with relocating and moving 
persons or other legal entities displaced by the 
^' acquisition of said land or property, or any of the 

"^ rights or interests therein hereinbefore mentioned; the 

\< development, or redevelopment, including, but not 

^ limited to, the comprehensive renovation or 

^- rehabilitation of any land or property, or any rights or 

^ . interests therein hereinbefore mentioned, in the Gty 

^, ^ of Baltimore, and the disposition of land and property 

V^^ for such purposes; the elimination of imhealthful, 

;J ' unsanitary or unsafe conditions, lessening density, 

\r eliminating obsolete or other uses detrimental to the 

• f public welfare or otherwise removing or preventing 

'■ the spread of blight or deterioration in the Qty of 

Baltimore; the demolition, removal, relocation, 
renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other 
structures or improvements, and for the construction, 
reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or 
services, and other structures or improvements; the 
planning, developing, executing and making operative 
the enterprise development program of the Mayor and 
Qty Coimcil of Baltimore for purposes of making 
equity investments in, and loans and loan guarantees 
to, enterprises, including any individual, partnership, 
joint venture, carrying on business or proposing to 
carry on business within the Qty of Baltimore, to be 
used for or in connection with the financing, 
developing, operating and administering of such 
enterprises; the payment of any and all costs and 
expenses incurred for or in connection with doing any 
or all of the things herein mentioned, including, but 



482 



Ord. No. 406 

not limited to, the costs and expenses of securing 

administrative, appraisal, economic analysis, 

engineering, planning, designing, architectural, 

surveying, and other professional services; and for 

doing any and all things necessary, proper or 

expedient in connection with or pertaining to any or 

all of the matters or things hereinbefore mentioned; 

authorizing the issuance of refunding bonds; 

conferring and imposing upon the Board of Finance of 

Baltimore Qty certain powers and duties; authorizing 

the submission of this Ordinance to the legal voters of 

the Qty of Baltimore, for their approval or 

disapproval, at the General Election to be held in 

Baltimore Qty on Tuesday, the 8th day of November, 

1994 and providing for the expenditure of the 

proceeds of sale of said certificates of indebtedness in 

accordance with the provisions of the Charter of the 

Mayor and Qty Council of Baltimore, and by the 

municipal agency designated in the annual Ordinance 

of Estimates of the Mayor and Qty Council of ,^ 

Baltimore. l^ 

WHEREAS, By Resolution VII of 1994 approved by — 

the members of the General Assembly of Maryland iS^ 

representing Baltimore Qty, the Mayor and Qty Coimcil J^^ 

of Baltimore is authorized to create a debt and to issue 
and sell its certificates of indebtedness (hereinafter called 
"Txinds") as evidence thereof, in an aggregate principal 
amount not exceeding Six Million One Hundred Fifty 
Thousand Dollars ($6,150,000.00) in the manner and 
upon the terms set forth in the bonds, not exceeding the 
par value of the bonds, to be used in connection with the 
commercial and industrial economic development 
program as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
QTY COUNCIL OF BALTIMORE, That the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance of said municipality, be and it is hereby 
authorized and empowered to issue bonds of the Mayor 
and Qty Council of Baltimore in an aggregate principal 



483 



Ord. No. 406 



amount not exceeding Six Million One Hundred Fifty 
Thousand Dollars ($6,150,000.00), from time to time, as 
may be needed or required for the purposes hereinafter 
named and said bonds shall be sold by the Board of 
Finance from time to time and at such times as shall be 
requisite, and the proceeds derived from the sale of said 
bonds shall be used for the purposes hereinafter named, 
provided that this Ordinance shall not become effective 
imless it shall be approved by a majority of the votes of 
the legal voters of Baltimore Qty cast at the time and 
place hereinafter designated by this Ordinance. 

^' SEC. 2. AND BE IT FURTHER ORDAINED, That: 

^ (a) The bonds shall be issued in denominations 

^ of not less than Five Hundred Dollars ($500.00) each, but 

^- may be in sums of Five Hundred Dollars ($500.00), or 

1^' . any suitable multiple thereof. 



I 



(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 
not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest 
at such rate or rates as may be determined by the Board 
of Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Gty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amount of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 



484 



1^ 



Ord. No. 406 



provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to 
mature, and the amount or amounts of said debt, or any 
part thereof, which shall mature upon the aforesaid date 
or dates; and the date or dates in each year, during the 
entire period of time when any of said bonds are 
outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at pubUc sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 15 
of awarding bonds so bid for, including the right '-^ 
whenever any of the bonds authorized by this Ordinance 3^ 
are offered for sale and sold at the same time as other Js;^ 
bonds of the Qty, to establish the conditions for bids and 

awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any 
of the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
to the payment of interest on any of said bonds becoming 
due and payable during the fiscal year in which said 
bonds are issued and sold or during the next succeeding 
fiscal year. 

(b) The debt authorized by the provisions of this 
Ordinance, and the bonds issued and sold pursuant 
thereto and their transfer, and the principal and interest 



485 



Ord. No. 406 



payable thereon (including any profit made in the sale 
thereof) , shall be and remain exempt from any and all 
State, county and municipal taxation in the State of 
Maryland. 

(c) All bonds issued and sold pursuant to the 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
^ resolution of the Board of Finance of the Mayor and Qty 

^ Council of Baltimore. If the Board of Finance determines 

^ to sell the bonds at public sale, the bonds shall be sold to 

5^ the highest responsible bidder or bidders therefor after 

^ due notice of such sale, but the Mayor and Qty Coimcil of 

^- Baltimore, acting by and through the Board of Finance 

1^ . thereof, shall have the right to reject any or all bids 



^ ^ therefor for any reason 



SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Coimcil of Baltimore shall 
levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Qty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore Qty, on Tuesday, 
the 8th day of November, 1994. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrow, and the general purposes for which 
such borrowed funds may be expended, under the terms 



486 






Ord. No. 406 



and provisions of this Ordinance, and the time when the 
election hereinbefore mentioned is to be held; and such 
public notice shall be given in such manner and by such 
means or through such media and at such time or times 
as may be determined, from time to time, by a majority of 
the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium realized from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the '5 
bonds); and "-^ 

(b) The remainder of such proceeds shall be i^^ 
used for or in connection with planning, developing, 

executing and making operative the commercial and 
industrial economic development program of the Mayor 
and Qty Council of Baltimore, including, but not limited 
to: 

(i) The acquisition, by purchase, lease, 
condemnation, or any other legal means, of land or 
property, or any right, interest, franchise, easement or 
privilege therein, in the Qty of Baltimore; 

(ii) The payment of any and all costs and 
expenses incurred in connection v^th or incidental to the 
acquisition and management of said land or property, 
including any and all rights or interest therein 
hereinbefore mentioned; 

(iii) The payment of any and all costs and 
expenses incurred for or in connection with relocating 



487 



>^ 



5? 



Ord. No. 406 



and moving persons or other legal entities displaced by 
the acquisition of said land or property, or any of the 
rights or interests therein hereinbefore mentioned; 

(iv) The development or redevelopment, 
including, but not limited to, the comprehensive 
renovation or rehabilitation of any land or property, or 
any rights or interests therein hereinbefore mentioned, in 
the Qty of Baltimore, and the disposition of land and 
property for such purposes; 

^ (v) The elimination of unhealthful, 

^' unsanitary or unsafe conditions, lessening density, 

^ eliminating obsolete or other uses detrimental to the 

vfi public welfare or otherwise removing or preventing the 

^ spread of blight or deterioration in the Qty of Baltimore; 

^^ . (vi) The demolition, removal, relocation, 

renovation or alteration of land, buildings, streets, 
highways, alleys, utilities or services, and other structures 
or improvements, and for the construction, 
reconstruction, installation, relocation or repair of 
buildings, streets, highways, alleys, utilities or services, 
and other structures or improvements; 

(vii) The planning, developing, executing 
and making operative the enterprise development 
program of the Mayor and Qty Council of Baltimore for 
purposes of making equity investments in, and loans and 
loan guarantees to, enterprises, including any individual, 
partnership, joint venture, carrying on business or 
proposing to carry on business within the Qty of 
Baltimore, to be used for or in connection with the 
financing, developing, operating and administering of 
such enterprises; 

(viii) The payment of any and all costs and 
expenses incurred for or in connection with doing any or 
all of the things herein mentioned, including, but not 
limited to, the costs and expenses of securing 
administrative, appraisal, economic analysis, engineering, 
planning, designing, architectural, surveying, and other 
professional services; and 



488 



Ord. No. 406 



(ix) Doing any and all things necessary, 
proper or expedient in connection with or pertaining to 
any or all of the matters or things hereinbefore 
mentioned. 

All of such land or property shall be 
acquired, developed, redeveloped, renovated, 
rehabilitated, altered, improved, held or disposed of, as 
provided by law. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 
at maturity or the purchase or redemption of bonds in 

advance of maturity. The validity of any refunding bonds ,^ 

shall in no way be dependent upon or related to the U 

validity or invalidity of the bonds being refunded. Such »5 

refunding bonds may be issued by the Mayor and Qty --^ 

Council of Baltimore, acting by and through the Board of !^. 

Finance thereof, for the purpose of providing it with funds i^^ 

to pay any of its outstanding bonds authorized to be 

issued under the provisions of this Ordinance at maturity, 

to purchase in the open market any of its outstanding 

bonds authorized to be issued under the provisions of this 

Ordinance prior to their maturity, to redeem prior to their 

maturity any outstanding bonds which are, by their terms, 

redeemable, to pay interest on any outstanding bonds 

prior to their payment at maturity or purchase or 

redemption in advance of maturity, or to pay any 

redemption or purchase premium in connection with the 

refunding of any of its outstanding bonds authorized to 

be issued under the provisions of this Ordinance. 

(b) Any refunding bonds authorized to be 
issued and sold under the provisions of this Ordinance 
may be issued for the public purpose of: 



489 



(^ 



Ord. No. 406 



(1) Realizing savings to Baltimore Qty in 
the aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
^fr with Baltimore Qt/s long-term financial plan, and to 

^ realize a financial objective of Baltimore Qty including, 

C: improving the relationship of debt service to a source of 

€/^ payment such as taxes, assessments, or other charges. 

1^: (c) Any refunding bonds authorized to be issued 

•^ and sold under the provisions of this Ordinance may be 

5j::;. issued in whatever principal amount shall be required to 

^:i achieve the purpose for the issuance of the refunding 

"J,- bonds, which amoimt may be in excess of the principal 

'•J;; amoimt of the bonds refunded or the maximum principal 

r amount of bonds authorized to be issued under Section 1 

of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued to mature on such dates and in such amoimts as 
the Board of Finance may determine; provided that the 
entire principal amount represented by the refunding 
bonds shall be discharged not more than forty (40) years 
from the date of issuance of the bonds being refunded. 

(e) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
sold at public sale by the solicitation of competitive bids 
or at private (negotiated) sale without advertisement or 
solicitation of competitive bids, for a price or prices which 
may be at, above or below the par value of the refunding 
bonds, as determined by resolution of the Board of 
Finance of the Mayor and Qty Council of Baltimore. If 
the Board of Finance determines to sell the refunding 



490 



Ord. No. 406 



bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty G^uncil of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be bsued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold imder the 

provisions of this Ordinance, after the payment of ^^ 

issuance costs relating thereto, shall be set aside by the j J, 

Mayor and Qty Council of Baltimore as a separate trust \zj 

fund to be used solely for the purposes stated in this 1-^ 

Section 9. jg. 



(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy limitation that may from 
time to time be established by the Mayor and Qty Council 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 
bonds authorized to be issued under the provisions of this 
Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the municipal agency designated in the annual 



491 



\& 






Ord. No. 407 



Ordinance of Estimates of the Mayor and Qty Councdl of 
Baltimore. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 407 

xr. (CoirncU Bill No. 828) 

1 

^ AN ORDINANCE concerning 

^ BOND ISSUE - SCHOOL LOAN - $8,000,000 

i^' . FOR the purpose of authorizing the Mayor and Qty 

Council of Baltimore (pursuant to Resolution III of 
1994 approved by the members of the General 
Assembly of Maryland representing Baltimore Qty) to 
issue and sell its certificates of indebtedness in an 
aggregate principal amount not exceeding Eight 
Million Dollars ($8,000,000.00), the proceeds derived 
from the sale thereof to be used for die cost of 
issuance, including the expense of engraving, printing, 
advertising, attorneys* fees, ^d all other incidental 
expenses connected therewith, and the remainder of 
such proceeds to be used for the acquisition, by 
purchase, lease, condenmation, or any other legal 
means, of land or property, or any rights therein, in 
the Qty of Baltimore, and constructing and erecting 
on said land or property, or on any land or property 
now or hereafter owned by the Mayor and Qty 
Council of Baltimore, new school buildings, athletic 
and other auxiliary facilities, and for additions and 
improvements to, or the modernization or 
reconstruction of, including th e r e moval and 
e ncapsulation of asb e stos including the inspection, 
removal, encapsulation, management, containment 
and abatement of asbestos from, existing school 
buildings or facilities, and for equipment for any and 
all new or existing facilities authorized to be 



492 



Ord. No. 407 



constructed, erected, added to, improved, modernized 

or reconstructed by the provisions hereof; the 

payment of any and all costs and expenses incurred 

for or in connection with doing any or all of the 

things herein mentioned, including, but not limited 

to, the costs and expenses of securing administrative, 

appraisal, economic analysis, engineering, planning, 

designing, architectural, surveying, and other 

professional services, including, without limitation, 

services relating to planning for future projects of the 

same general character which may be constructed out 

of future loans; and for doing any and all things 

necessary, proper or expedient in connection with or 

pertaining to any or all of the matters or things 

hereinbefore mentioned; authorizing the issuance of 

refunding bonds; limiting the use of the proceeds of 

the sale of the bonds to expenditures for capital 

improvement projects having an average estimated 

service life of not less than fifteen (15) years, and 

providing that such proceeds shall not be used for 

current operating expenses of the Qty; conferring 

certain powers upon the Board of School 

Commissioners of Baltimore Qty; imposing certain !^^ 

conditions in connection with the expenditure of the I2^ 

proceeds derived from the sale of said certificates of 

indebtedness; conferring and imposing upon the 

Board of Finance of Baltimore Qty certain powers 

and duties; authorizing the submission of diis 

Ordinance to the legal voters of the Qty of Baltimore, 

for their approval or disapproval, at the General 

Election to be held in Baltimore Qty on Tuesday, the 

8th day of November, 1994 and providing for the 

expenditure of the proceeds of sale of said certificates 

of indebtedness in accordance with the provisions of 

the Qiarter of the Mayor and Qty Qjimcil of 

Baltimore, and by the municipal agency designated in 

the annual Ordinance of Estimates of the Mayor and 

Qty Council of Baltimore. 



WHEREAS, By Resolution III of 1994 approved by the 
members of the General Assembly of Maryland 
representing Baltimore Qty, the Mayor and Qty Council 
of Baltimore is authorized to create a debt and to issue 






493 



>1 

f? - 



I*- 



Ord. No. 407 



and sell its certificates of indebtedness (hereinafter called 
"bonds") as evidence thereof, in an aggregate principal 
amount not exceeding Eight Million Dollars 
($8,000,000.00) in the manner and upon the terms set 
forth in the bonds, not exceeding the par value of the 
bonds, to be used in connection with the construction and 
renovation of school buildings and facilities of Baltimore 
Qty as authorized by said Resolution; and 

WHEREAS, Funds are now needed for said purposes; 
now, therefore, 

^' SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 

^ CITY COUNCIL OF BALTIMORE, That the Mayor and Qty 

^ Council of Baltimore, acting by and through the Board of 

^ Finance of said municipality, be and it is hereby 

^- authorized and empowered to issue bonds of the Mayor 

^ . and Qty Council of Baltimore in an aggregate principal 

^1 amount not exceeding Eight Million Dollars 

($8,000,000.00), from time to time, as may be needed or 
"^' required for the purposes hereinafter named and said 

\r bonds shall be sold by the Board of Finance from time to 

time and at such times as shall be requisite, and the 
proceeds derived from the sale of said bonds shall be used 
for the purposes hereinafter named, provided that this 
Ordinance shall not become effective unless it shall be 
approved by a majority of the votes of the legal voters of 
Baltimore Qty cast at the time and place hereinafter 
designated by this Ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That: 

(a) The bonds shall be issued in denominations 
of not less than Five Hundred Dollars ($500.00) each, but 
may be in sums of Five Hundred Dollars ($500.00), or 
any suitable multiple thereof. 

(b) The bonds authorized to be issued and sold 
under the provisions of this Ordinance may be issued to 
mature on such dates and in such amounts as the Board 
of Finance may determine; provided that the entire 
principal amount represented thereby shall be discharged 



494 






,#• 



Ord. No. 407 



not more than forty (40) years from the date of issuance 
of the bonds. 

(c) The bonds, when issued, shall bear interest 
at such rate or rates as may be determined by the Board 
of Finance, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

SEC. 3. AND BE IT FURTHER ORDAINED, That a 
majority of the Board of Finance of the Mayor and Qty 
Council of Baltimore be, and they are hereby, authorized 
to pass a resolution or resolutions, from time to time, to 
determine and set forth any or all of the following: 

(a) The amoimt of debt to be incurred by the 
Mayor and Qty Council of Baltimore at any particular 
time, and from time to time, under and pursuant to the 
provisions of this Ordinance; the date or dates when any 
bonds representing said debt, or any part thereof, are to ' ^ 
mature, and the amoimt or amoimts of said debt, or any -^ 
part thereof, which shall mature upon the aforesaid date }S^ 
or dates; and the date or dates in each year, during the 1;^ 
entire period of time when any of said bonds are 

outstanding, when interest on any of said bonds shall be 
payable; 

(b) The form or forms of the bonds representing 
the debt, or any part thereof, authorized to be issued 
under the provisions of this Ordinance at any particular 
time; and 

(c) If the bonds are to be sold at public sale, the 
time, place, manner and medium of advertisement of the 
readiness of the Board of Finance, acting for and on 
behalf of the Mayor and Qty Council of Baltimore, to 
receive bids for the purchase of the bonds authorized to 
be issued hereunder or any part thereof; the form, terms 
and conditions of such bids; the time, place and manner 
of awarding bonds so bid for, including the right 
whenever any of the bonds authorized by this Ordinance 
are offered for sale and sold at the same time as other 



495 



Ord. No. 407 



bonds of the Qty, to establish the conditions for bids and 
awards and to award all of the bonds on an all or none 
basis; and the time, place, terms and manner of 
settlement for the bonds so bid for. 

SEC. 4. AND BE IT FURTHER ORDAINED, That: 

(a) All premiums resulting from the sale of any 
of the bonds issued and sold pursuant to the provisions of 
this Ordinance shall be applied first to defray the cost of 
issuance thereof and the balance, if any, shall be applied 
^ to the payment of interest on any of said bonds becoming 

^ due and payable during the fiscal year in which said 

^ bonds are issued and sold or during the next succeeding 

^ fiscal year. 



^- (b) The debt authorized by the provisions of this 

^' . Ordinance, and the bonds issued and sold pursuant 

^ fi thereto and their transfer, and the principal and interest 

^ J' payable thereon (including any profit made in the sale 

> J thereof), shall be and remain exempt from any and all 

f State, coimty and municipal taxation in the State of 

"2; Maryland. 



(c) All bonds issued and sold pursuant to ±e 
provisions of this Ordinance may be sold at public sale by 
the solicitation of competitive bids or at private 
(negotiated) sale without advertisement or solicitation of 
competitive bids, for a price or prices which may be at, 
above or below par value of the bonds, as determined by 
resolution of the Board of Finance of the Mayor and Qty 
Council of Baltimore. If the Board of Finance determines 
to sell the bonds at public sale, the bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

SEC. 5. AND BE IT FURTHER ORDAINED, That until 
all of the interest on and principal of any bonds issued 
pursuant to the provisions of this Ordinance have been 
paid in full, the Mayor and Qty Council of Baltimore shall 



496 



Old. No. 407 



levy and impose an annual tax on each One Hundred 
Dollars ($100.00) of assessable property in the Gty of 
Baltimore at a rate sufficient to produce revenue to pay 
all interest on and principal of all bonds theretofore 
issued and outstanding or authorized to be issued and 
outstanding, payable in the next succeeding year. 

SEC. 6. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall be submitted to the legal voters of the 
Qty of Baltimore, for their approval or disapproval, at the 
General Election to be held in Baltimore Qty, on Tuesday, 
the 8th day of November, 1994. 

SEC. 7. AND BE IT FURTHER ORDAINED, That prior 
to the date of the election hereinbefore mentioned, notice 
shall be given to the public of the amount of money 
which the Mayor and Qty Council of Baltimore is 
authorized to borrovyr, and the general purposes for which 

such borrowed funds may be expended, under the terms ii 

and provisions of this Ordinance, and the time when the Ji 

election hereinbefore mentioned is to be held; and such ^J 

public notice shall be given in such manner and by such --^ 

means or through such media and at such time or times 5^ 

as may be determined, from time to time, by a majority of i;^ 

the Board of Finance. 

SEC. 8. AND BE IT FURTHER ORDAINED, That the 
actual cash proceeds derived from the sale of the bonds 
authorized to be issued under the provisions of this 
Ordinance shall be used exclusively for the following 
purposes, to wit: 

(a) So much thereof as may be necessary, in 
addition to the premium reaHzed from the sale, if any, for 
the cost of issuance, including the expense of engraving, 
printing, advertising, attorneys' fees, and all other 
incidental expenses connected therewith (which may 
include the proportion of the compensation of employees 
and general administrative expenses of the Department of 
Finance reasonably allocated to the issuance of the 
bonds) ; 



497 



Ord. No. 407 



(b) The remainder of such proceeds shall be 
used for the acquisition, by purchase, lease, 
condemnation or any other legal means, of land or 
property, or any rights therein, in the Qty of Baltimore, 
and constructing and erecting on said land or property, or 
on any land or property now or hereafter owned by the 
Mayor and Qty Council of Baltimore, new school 
buildings, athletic and other auxiliary facilities, and for 
additions and improvements to, or the modernization or 
reconstruction of, including the r e moval and 
e ncapculation of acbectoc fromt inspection, removal, 
encapsulation, management, containment and abatement 
^' of asbestos from existing school buildings or facilities, and 

^ for equipment for any and all new or existing facilities 

vf, authorized to be constructed, erected, added to, 

^ improved, modernized or reconstructed by the provisions 



^ 



I: 



>*- hereof; the payment of any and all costs and expenses 

iC^ . incurred for or in connection with doing any or all of the 

things herein mentioned, including, but not limited to, the 
costs and expenses of securing administrative, appraisal, 
5'^ ! economic analysis, engineering, planning, designing, 

y architectural, surveying, and other professional services, 

••? , including, without limitation, services relating to planning 

•' ' for future projects of the same general character which 

may be constructed out of future loans; and for doing any 
and all things necessary, proper or expedient in 
connection with or pertaining to any or all of the matters 
or things hereinbefore mentioned; and 

(c) The use of the proceeds of the sale of the 
bonds shall be limited to expenditures for capital 
improvement projects having an estimated average service 
life of not less than fifteen (15) years, and such proceeds 
shall not be used for current operating expenses of the 
Qty. 

SEC. 9. AND BE IT FURTHER ORDAINED, That: 

(a) The Mayor and Qty Council of Baltimore, 
acting by and through the Board of Finance thereof, is 
hereby authorized and empowered to issue its bonds for 
the purpose of refunding any bonds authorized to be 
issued under the provisions of this Ordinance by payment 



498 



Ord. No. 407 



at maturity or the purchase or redemption of bonds in 
advance of maturity. The validity of any refunding bonds 
shall in no way be dependent upon or related to the 
validity or invalidity of the bonds being refunded. Such 
refunding bonds may be issued by the Mayor and Qty 
Council of Baltimore, acting by and through the Board of 
Finance thereof, for the purpose of providing it with funds 
to pay any of its outstanding bonds authorized to be 
issued under the provisions of this Ordinance at maturity, 
to pim:hase in the open market any of its outstanding 
bonds authorized to be issued under the provisions of this 
Ordinance prior to their maturity, to redeem prior to their 
maturity any outstanding bonds which are, by their terms, 
redeemable, to pay interest on any outstanding bonds 
prior to their payment at maturity or purchase or 
redemption in advance of maturity, or to pay any 
redemption or purchase premium in connection with the 
refunding of any of its outstanding bonds authorized to 
be issued under the provisions of this Ordinance. 



(1) Realizing savings to Baltimore Qty in 
the aggregate cost of debt service on either a direct 
comparison or present value basis; or 

(2) Debt restructuring that: 

(i) In the aggregate effects such a 
reduction in the cost of debt service; or 

(ii) Is determined by the Board of 
Finance of the Mayor and Qty Council of Baltimore to be 
in the best interests of Baltimore Qty, to be consistent 
with Baltimore Qt/s long-term financial plan, and to 
realize a financial objective of Baltimore Qty including, 
improving the relationship of debt service to a source of 
payment such as taxes, assessments, or other charges. 

(c) Any refunding bonds authorized to be issued 
and sold imder the provisions of this Ordinance may be 



499 



fn* 



(b) Any refunding bonds authorized to be issued '^ 

and sold under the provisions of this Ordinance may be "^^ 

issued for the public purpose of: ;^. 



■^ 



Ord. No. 407 



issued in whatever principal amount shall be required to 
achieve the purpose for the issuance of the refunding 
bonds, which amount may be in excess of the principal 
amount of the bonds refunded or the maximum principal 
amount of bonds authorized to be issued under Section 1 
of this Ordinance. 

(d) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance may be 
issued to mature on such dates and in such amounts as 
the Board of Finance may determine; provided that the 

^ entire principal amount represented by the refunding 

bonds shall be discharged not more than forty (40) years 

/> from the date of issuance of the bonds being refunded. 

<^ (e) Any refunding bonds authorized to be issued 

^- and sold under the provisions of this Ordinance may be 

^> sold at public sale by the soHcitation of competitive bids 

^ ^ . or at private (negotiated) sale without advertisement or 

^;S' ' solicitation of competitive bids, for a price or prices which 

,,'^ may be at, above or below the par value of the refunding 

bonds, as determined by resolution of the Board of 
? Finance of the Mayor and Qty Council of Baltimore. If 

« the Board of Finance determines to sell the refunding 

bonds at public sale, the refunding bonds shall be sold to 
the highest responsible bidder or bidders therefor after 
due notice of such sale, but the Mayor and Qty Council of 
Baltimore, acting by and through the Board of Finance 
thereof, shall have the right to reject any or all bids 
therefor for any reason. 

(f) Any refunding bonds authorized to be issued 
and sold under the provisions of this Ordinance shall bear 
interest at such rate or rates as may be determined by the 
Board of Finance of the Mayor and Qty Council of 
Baltimore, which rate or rates may be fixed or variable or 
as determined by a method approved by the Board of 
Finance, and such interest shall be payable at such time 
or times as may be determined by the Board of Finance. 

(g) The proceeds of the sale of any refunding 
bonds authorized to be issued and sold under the 
provisions of this Ordinance, after the payment of 



500 



Ord. No. 408 



issuance costs relating thereto, shall be set aside by the 
Mayor and Qty Council of Baltimore as a separate trust 
fund to be used solely for the purposes stated in this 
Section 9. 

(h) Except as otherwise provided in this Section 
9, the powers granted in, the limitations and obligations 
imposed by, and the procedures specified in this 
Ordinance with respect to the issuance of bonds shall be 
applicable to the issuance of refunding bonds. 

(i) Any refunding bonds authorized to be bsued 
and sold under the provisions of this Ordinance shall not 
be subject to any debt policy Umitation that may from 
time to time be established by the Mayor and Qty Coimcil 
of Baltimore. 

SEC. 10. AND BE IT FURTHER ORDAINED, That the 
expenditure of the proceeds derived from the sale of the 

bonds authorized to be issued imder the provisions of this ',1 

Ordinance shall be in accordance with the provisions of 
the Charter of the Mayor and Qty Council of Baltimore, 
and by the mimicipal agency designated in the annual j^ 

Ordinance of Estimates of the Mayor and Qty Coimcil of l^ 

Baltimore. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 408 

(Council Bill No. 838) 

AN ORDINANCE concerning 

TOWING UCENSES - GOVERNMENTAL EXEMPTION 

FOR the purpose of providing that the exemption from 
the towing licensing law for governmental towing 



ii 



501 



Ord. No. 409 



services shall apply to towing services owned and 
operated by governmental agencies. 

BY repealing and reordaining with amendments 
Article 15 - Licenses 
Subtide - Towing Services 
Section 133(b)(6) 

Baltimore Qty Code (1983 Replacement Volmne, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
% Baltimore Qty Code (1983 Replacement Volume, as 

^ amended) be added, repealed, or amended, to read as 

^ follows: 

\^ ARTICLE 15 - LICENSES 

'Jk*;;, 

>'^':; 133. Licenses. 



XT'' 



I 
I 



Towing Services 



"g- (b) Exemptions. The provisions of this section shall 

t" not apply to: 

(6) a towing service owned [, authorized or] 
AND operated by the government of the United States, 
State of Maryland, Baltimore Qty, or any other 
governmental entity. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 409 
(CouncU Bill No. 839) 



502 



s 



Ord. No. 409 

AN ORDINANCE concerning 

TOWING SIGNS - NAME OF LICENSED TOWING FIRM 

FOR the purpose of requiring private property towing 
notice signs to include the name of the towing firm 
licensed by the Director of Finance. 

BY adding 

Article 31 - Transit and Traffic 
Subtitle - Towing Vehicles From Private Property 
Section 67y2 (a)(8) 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 31 - TRANSIT AND TRAFFIC 

Towing Vehicles From Private Property ;^ 

67 y2. Towing vehicles from private property. 

(a) Each owner of private property having parking 
facilities with 3 or more spaces accessible to die public, 
and offering such parking to its customers, clientele, 
residents, lessees or guests, who intends to enforce 
parking restrictions by the use of tow truck services shall 
post signs which meet the following minimum 
requirements: 

(8) EACH SIGN SHALL STATE THE NAME OF 
THE TOWING FIRM WffH WHICH MUST HAVE A VALID 
TOWING LICENSE ISSUED BY THE DIRECTOR OF 
FINANCE. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 



503 



^' 



Ord. No. 410 



Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 410 

(Council Bill No. 851) 

AN ORDINANCE concerning 

^ ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 

« FOR THE ELDERLY - 1401 EAST OLIVER STREET 

S^ FOR die purpose of granting permission for die 
^- establishment, maintenance and operation of housing 

1^ . . for the elderly . for no more than 45 units, on the 

^ g «' property known as 1401 East Oliver Street, as 

^^'i outlined in red on the plats accompanying this 

^y, ordinance. 



BY authority of 
•• Article 30 - Zoning 



Sections 4.8-ld-5 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of housing for the elderly , for no more than 45 
units, on the property known as 1401 East OUver Street, 
as outlined in red on the plats accompanying this 
ordinance, under the provisions of Sections 4.8-ld-5 and 
11.0-6d of Article 30 of the Baltimore Qty Code (1983 
Replacement Volume, as amended) tided "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plaL The 



504 



Ord. No. 411 



Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 411 



(Council Bill No. 877) '^ 

AN ORDINANCE concerning j^ 

SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPRIATION - 

DEPARTMENT OF PUBLIC WORKS - $1,500,000 

FOR the purpose of providing a supplementary General 
Fund Operating appropriation in the amount of 
$1,500,000 to the Department of Public Works 
(Program 515 - Solid Waste Collection) to provide 
additional operating appropriations in solid waste 
collection operations. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
Interest Earnings in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1994 fiscal year, and said money is therefore 

505 



Ord. No. 411 



available for appropriation to the Department of Public 
Works (Program 515 - Solid Waste Collection) pursuant 
to the provisions of Article VI, Section 2(h) (3) of the 
Baltimore Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

^ WHEREAS, This supplementary General Fund 

/^' Operating appropriation has been recommended to the 

^ Qty Council by the Board of Estimates at a regular 

vc meeting of the Board held on the 11th day of May, 1994, 

^ all in accordance with Article VI, Section 2(h) (3) of the 

^- Baltimore Qty Charter (1964 Revision, as amended). 

^^ r SECTION 1. BE IT ORDAINED BY THE MAYOR AND 

^^l CITY COUNCIL OF BALTIMORE, That under the 

5- J;^ provisions of Article VI, Section 2(h)(3) of the 1964 

^i" ■ revision of the Charter of Baltimore Qty, the sum of 

••J[; $1,500,000 shall be made available to the Department of 

f ; Public Works (Program 515 - SoUd Waste Collection) as 

a supplementary General Fund Operating appropriation 
for the fiscal year ending June 30, 1994 to provide 
additional operating appropriations in support of solid 
waste collection operations which could not reasonably be 
anticipated at the time of formulation of the proposed 
Fiscal 1994 Ordinance of Estimates. The amount thus 
made available as a supplementary General Fimd 
Operating appropriation shall be provided from Interest 
Earnings in excess of the amount from this source which 
was estimated or relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1994 fiscal year; and said funds from said Interest 
Earnings shall be the source of revenue for this 
supplementary General Fund Operating appropriation as 
required by Article VI, Section 2(h) (3) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect June 30, 1994. 



506 



Ord. No. 412 



Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 412 

(CouncU BUI No. 878) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

OPERATING APPROPRL\TION - 

DEPARTMENT OF PUBLIC WORKS - $1,578,000 

FOR the purpose of providing a supplementary General 
Fund Operating appropriation in the amount of 
$1,578,000 to the Department of Public Works 
(Program 516 - Solid Waste Disposal) to provide 
additional appropriations for payment of taxes. j^: 

BY authority of j^ 

Article VI - Board of Estimates :S^ 

Section 2(h)(3) 
Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
Interest Earnings in excess of the amount from this source 
estimated and relied upon by the Board of Estimates in 
determining the tax levy required to balance the budget 
for the 1994 fiscal year, and said money is therefore 
available for appropriation to the Department of Public 
Works (Program 516 - Solid Waste Disposal) piursuant to 
the provisions of Article VI, Section 2(h)(3) of the 
Baltimore Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources v^hich could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 



507 



Ord. No. 413 



WHEREAS, This supplementary General Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of May, 1994, 
all in accordance with Article VI, Section 2(h) (3) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under the 
provisions of Article VI, Section 2(h)(3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
vT $1,578,000 shall be made available to the Department of 

^' Public Works (Program 516 - Solid Waste Disposal) as a 

^ supplementary (General Fund Operating appropriation for 

^ the fiscal year ending June 30, 1994 to provide additional 

^ appropriations for the payment of taxes which could not 

^ reasonably be anticipated at the time of formulation of 

^ . the proposed Fiscal 1994 Ordinance of Estimates. The 

amount thus made available as a supplementary General 
Fund Operating appropriation shall be provided from 
Interest Earnings in excess of the amount from this source 
I ' which was estimated or relied upon by the Board of 

' •?; Estimates in determining the tax levy required to balance 

*• the budget for the 1994 fiscal year; and said funds from 

said Interest Earnings shall be the source of revenue for 
this supplementary General Fimd Operating appropriation 
as required by Article VI, Section 2(h) (3) of the Baltimore 
Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect June 30, 1994. 

Approved July 6, 1994 

KURT L. S(M^OKE, Mayor 



I- 



I 



CTTY OF BALTIMORE 
ORDINANCE NO. 413 

(Council Bill No. 879) 



508 



Ord. No. 413 



AN ORDINANCE concerning 

SUPPLEMENTARY MOTOR VEHICLE FUND 

OPERATING APPROPRL\TION - 

DEPARTMENT OF PUBUC WORKS - $2,000,000 



FOR the purpose of providing a supplementary Motor 
Vehicle Fund Operating appropriation in the amount 
of $2,000,000 to the Department of Public Works 
(Program 501 - Streets & Bridges) to provide 
additional operating appropriations for snow and ice 
control. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents \l, 

from the Tide Excise Tax in excess of the amount from -J 

this source estimated and relied upon by the Board of "^ 

Estimates in determining the tax levy required to balance :^ 

the budget for the 1994 fiscal year, and said money is ',^ 

therefore available for appropriation to the Department of 
Public Works (Program 501 - Streets & Bridges) pursuant 
to the provisions of Article VI, Section 2(h) (3) of the 
Baltimore Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 
reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h)(3) of said Charter; and 

WHEREAS, This supplementary Motor Vehicle Fund 
Operating appropriation has been recommended to the 
Qty Council by the Board of Estimates at a regular 
meeting of the Board held on the 11th day of May, 1994, 
all in accordance with Article VI, Section 2(h) (3) of the 
Baltimore Qty Charter (1964 Revision, as amended). 



509 



Ord. No. 414 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That under die 
provisions of Article VI, Section 2(h)(3) of die 1964 
revision of die Charter of Baltimore Qty, the sum of 
$2,000,000 shall be made available to the Department of 
Public Works (Program 501 - Street & Bridges) as a 
supplementary Motor Vehicle Fund Operating 
appropriation for the fiscal year ending June 30, 1994 to 
provide additional operating appropriations for snow and 
ice control which could not reasonably be anticipated at 
the time of formulation of the proposed Fiscal 1994 
^ Ordinance for Estimates. The amount thus made 

^' available as a supplementary Motor Vehicle Fund 

^ Operating appropriation shall be provided from the Tide 

^ Excise Tax in excess of the amount from this source 

^ which was estimated or relied upon by the Board of 

0^^ Estimates in determining the tax levy required to balance 

<^ . . the budget for the 1994 fiscal year; and said funds from 

^ j> • said Tide Excise Tax shall be the source of revenue for 

2'.?' this supplementary Motor Vehicle Fund op)erating 

;^ J*: appropriation as required by Article VI, Section 2(h)(3) of 

I * '! the Baltimore Qty Charter (1964 Revision, as amended). 

»* SEC. 2. AND BE IT FURTHER ORDAINED, That diis 

ordinance shall take effect June 30, 1994. 



Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 414 

(Council Bill No. 891) 

AN ORDINANCE concerning 

CHARLES VILLAGE COMMUNITY BENEFITS DISTRICT 
AND MANAGEMENT AUTHORITY 

FOR the purpose of creating a district within Baltimore 
Qty within which there shall operate a community 



510 



Ord. No. 414 



benefits district; specifying the boundaries of the 

district; creating an authority and describing its 

rights, duties, and powers; designating the initial 

interim board of the authority and providing for the 

selection and approval of a full board; creating the 

administrator for the authority; mandating the 

financial responsibilities of the authority and the city 

in conjunction with the operation of the district; 

providing for a supplemental tax to be collected by 

and for the authority; establishing limits and 

minimums on the amount of the supplemental tax; 

incorporating the assessment, collection and 

enforcement process for the supplemental tax within 

the procedures and processes already existing; 

specifying the role of the city in maintaining and 

enhancing existing services; encouraging the creation 

of partnerships between and among the authority, the 

city, the state, the federal government and other 

property owners not subject to the supplemental tax; 

establishing the Board of Estimates as the agency ^. 

charged with reviewing and approving various ;^ 

matters relating to the district and the authority; -* 

providing for the renewal, expiration, termination and :^ 

approval of the district and the authority; and : ;^ 

otherwise providing for the existence, operation and 

control of the district and the authority. 

BY authority 
Article II 
Section 62 
Baltimore Qty Qiarter (1964 Revision, as amended) 

BY adding 

Article 1 - Mayor, Qty Council, and Municipal 

Agencies 
Subtitle - COMMUNITY BENEFITS DISTRICTS AND 

AUTHORITIES 
Section 250-262 
Baltimore Qty Code (1983 Replacement Volume, as 

amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 



511 



Ord. No. 414 



Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 1 - MAYOR, CITY COUNCIL, 
AND MUNICIPAL AGENCIES 

COMMUNITY BENEFITS DISTRICTS AND AUTHORITIES 

CHARLES VILLAGE COMMUNITY BENEFITS DISTRICT 
AND MANAGEMENT AUTHORITY 

^' 250. FINDINGS OF FACT. 

\fi AFTER GIVING CONSIDERATION TO THE VIEWS OF 

^ PROPERTY OWNERS, THE RETAIL MERCHANTS, THE 

C^ PROPERTY TENANTS, AND OTHER MEMBERS OF THE 

^ . . BUSINESS AND RESIDENTLU COMMUNITIES WITHIN 

^ ^ • THE DISTRICT, AND AFTER A PUBLIC HEARING, THE 

S;*r CITY COUNCIL HAS DETERMINED THAT: 



?|r 



I - ' A. THE DISTRICT CREATED UNDER THIS SUBTITLE 



5» 



WILL REFLECT A DIVERSE MIX OF BUSINESS AND 



•i RESIDENTLflJ. PROPERTIES; AND 

B. THE DISTRICT WILL REFLECT A DIVERSE 
ECONOMIC, SOCLU AND RACIAL MDC 

FURTHERMORE, IT IS THE INTENT OF THE QTY 
COUNCIL THAT THE CHARLES VILLAGE COMMUNITY 
BENEFITS DISTRICT AUTHORIZED BY THIS SUBTITLE 
SHALL BE A PILOT PROGRAM. 

251. BOUNDARIES. 

A. THERE IS HEREBY CREATED A COMMUNITY 
BENEFITS DISTRICT TO BE KNOWN AS THE CHARLES 
VILLAGE COMMUNITY BENEFIT DISTRICT WITHIN THE 
FOLLOWING BOUNDARIES: 

(1) ON THE SOUTH, A LINE BEGINNING AT 
THE INTERSECTION OF THE CENTER LINES OF 20TH 
STREET AND HOWARD STREET, RUNNING EAST 



512 



Ord. No. 414 



ALONG THE CENTER LINE OF 20TH STREET TO THE 
CENTER LINE OF GUILFORD AVENUE; THEN 

(2) RUNNING NORTH ALONG THE CENTER 
LINE OF GUILFORD AVENUE TO THE CENTER LINE OF 
25TH STREET; THEN 

(3) RUNNING EAST ALONG THE CENTER LINE 
OF 25TH STREET TO THE CENTER LINE OF LOCH 
RAVEN BOULEVARD; THEN RUNNING NORTHEAST 
ALONG THE CENTERLINE OF LOCH RAVEN BOULEVARD 
TO THE CENTER LINE OF THE TRACKS OF THE CSX 
RAILROAD (APPROXIMATELY 500 FEET NORTH OF 
25TH STREET); THEN 

(4) RUNNING WEST ALONG THE CENTER LINE 
OF THE CSX RAILROAD TRACKS TO THE CENTER LINE 
OF GREENMOUNT AVENUE; THEN 

(5) RUNNING NORTH ALONG THE CENTER 
LINE OF GREENMOUNT AVENUE TO THE CENTER LINE 
OF OLD YORK ROAD; THEN 

(6) RUNNING NORTH ALONG THE CENTER 
LINE OF OLD YORK ROAD TO THE CENTER LINE OF 
35TH STREET; THEN 

(7) RUNNING WEST ALONG THE CENTER LINE 
OF 35TH STREET TO THE CENTER LINE OF 
GREENMOUNT AVENUE; THEN 

(8) RUNNING SOUTH ALONG THE CENTER 
LINE OF GREENMOUNT AVENUE TO THE CENTER LINE 
OF 33RD STREET; THEN 

(9) RUNNING WEST ALONG THE CENTER LINE 
OF 33RD STREET TO THE CENTER LINE OF CHARLES 
STREET; THEN 

(10) RUNNING SOUTH ALONG THE CENTER 
LINE OF CHARLES STREET TO THE CENTER LINE OF 
29TH STREET: THEN 



513 



Old. No. 414 



(11) RUNNING WEST ALONG THE CENTER 
LINE OF 29TH STREET TO THE CENTER LINE OF 
HOWARD STREET; THEN RUNNING SOUTH ALONG THE 
CENTER LINE OF HOWARD STREET TO THE CENTER 
LINE OF 26TH STREET; THEN 

(12) RUNNING WEST ALONG THE CENTER 
LINE OF 26TH STREET TO THE CENTER LINE OF 
HUNTINGDON AVENUE; THEN RUNNING SOUTH 
ALONG THE CENTER LINE OF HUNTINGDON AVENUE 
TO THE CENTER LINE OF 25TH STREET; THEN 

^' (13) RUNNING EAST ALONG THE CENTER LINE 

^ OF 25TH STREET TO THE CENTER LINE OF HOWARD 



^ STREET; THEN 

I 

"^ (14) RUNNING SOUTH ALONG THE CENTER 

CT' . LINE OF HOWARD STREET TO THE CENTER LINE OF 



>1 



24TH STREET; THEN 



$3^;; (15) RUNNING WEST ALONG THE CENTER 

I- ' LINE OF 24TH STREET TO THE CENTER LINE OF 

•'5;: HUNTINGDON AVENUE; THEN 

«; 

(16) RUNNING SOUTH ALONG THE CENTER 
LINE OF HUNTINGDON TO THE CENTER LINE OF 23RD 
STREET; THEN RUNNING WEST ALONG THE CENTER 
LINE OF 23RD STREET TO THE CENTER LINE OF 
HUNTINGDON AVENUE; THEN 

(17) RUNNING SOUTH ALONG THE CENTER 
LINE OF HUNTINGDON AVENUE TO THE CENTER LINE 
OF 21ST STREET; THEN 

(18) RUNNING EAST ALONG THE CENTER LINE 
OF 21ST STREET TO THE CENTER LINE OF HOWARD 
STREET; THEN 

(19) RUNNING SOUTH ALONG THE CENTER 
LINE OF HOWARD STREET TO THE CENTER LINE OF 
20TH STREET (POINT OF ORIGIN). 



514 



Ord. No. 414 



B. THE CHARLES VILLAGE COMMUNITY BENEFITS 
DISTRICT MA¥ SHALL INCLUDE PROPERTIES BINDING 
ON EITHER SIDE OF A STREET OR THE CSX RAILROAD 
TRACKS WHERE THEY COMPRISE PART OF THE 
BOUNDARIES UNDER THIS SECTION. 

252. AUTHORITY; CREATION. 

A. THERE IS HEREBY CREATED THE CHARLES 
VILLAGE COMMUNITY BENEFITS DISTRICT 
MANAGEMENT AUTHORITY, WHICH IS REFERRED TO 
HEREAFTER AS THE "AUTHORTTT. 

B. THE PURPOSE OF THE AUTHORITY IS TO 
PROMOTE AND MARKET THE DISTRICT, PROVIDE 
SUPPLEMENTAL SECURITY AND MAINTENANCE 
SERVICES, PROVIDE AMENITIES IN PUBUC AREAS, 
PROVIDE PARK AND RECREATIONAL PROGRAMS AND 
FUNCTIONS, AND AFTER ITS ESTABUSHMENT, OTHER 

SERVICES AND FUNCTIONS AS REQUESTED BY THE l> 

AUTHORITY AND APPROVED BY AN ORDINANCE OF ^ 

THE MAYOR AND CITY COUNCIL. -^ 

253. AUTHORITY; POWERS AND FUNCTIONS. i;^ 
THE AUTHORITY SHALL: 

A. NOT BE OR CONSTITUTE OR BE DEEMED AN 
AGENCY OF THE CITY OR THE STATE OF MARYLAND; 

B. TO THE GREATEST EXTENT ALLOWABLE BY 
LAW, BE DEEMED A SPECL^L TAXING DISTRICT, AND 
THEREFORE A GOVERNMENTAL BODY, BOTH POLITIC 
AND CORPORATE, EXERCISING ONLY SUCH POWERS 
AS ARE PROVIDED FOR IN THIS SUBTITLE; 

C. NOT EXERCISE ANY POWER SPECIFICALLY 
WITHHELD BY THE TERMS OF EITHER THE ENABLING 
LEGISLATION, OR IF MORE RESTRICTIVE, THIS 
SUBTITLE. HOWEVER, THE POWERS OF THE 
AUTHORITY SHALL BE BROADLY INTERPRETED IN 
ORDER TO ALLOW THE AUTHORITY TO ACHIEVE THE 
GOALS OF THE ENABLING LEGISLATION, INCLUDING 



515 



Ord. No. 414 



THE PROVISION OF SUPPLEMENTARY SECURTTY AND 
MAINTENANCE SERVICES, THE PROMOTION AND 
MARKETING OF THE DISTRICT AND THE PROVISION 
OF AMENITIES IN PUBLIC AREAS. 

D. ACQUIRE, HOLD AND USE BOTH REAL AND 
PERSONAL PROPERTY NECESSARY TO ACHIEVE ITS 
PURPOSES, INCLUDING THE ACQUISITION BY 
PURCHASE, LEASE, USE OR OTHER RIGHTS MEANS: 

E. ENGAGE THE SERVICES OF AN ADMINISTRATOR 
(THE "ADMINISTRATOR"), WHICH MAY BE AN 

!^' INDIVIDUAL OR AN ENTITY, TO ADMINISTER THE 

^ PROGRAMS AND UNDERTAKINGS OF THE AUTHORITY; 

it F. SUE AND BE SUED, PROVIDED THAT THE 



^ 



6 



55. Sr 



«; 



DISTRICT, THE AUTHORITY , ITS BOARD OF 
DIRECTORS, AND THE ADMINISTRATOR SHALL 
BENEFIT, TO THE FULLEST EXTENT ALLOWABLE BY 
LAW, FROM ANY PROVISIONS OF FEDERAL, STATE AND 



?'J^ LOCAL LAW LIMITING THE LL^BILITY OF EMPLOYEES, 

V'- OFFICERS, AGENTS AND OFFICL^LS OF 

••5^ GOVERNMENTAL BODIES; 



G. ACCEPT GRANTS; 

H. BORROW FUNDS FOR PURPOSES CONSISTENT 
WITH THE PUBLIC PbTlPOSES OF THE AUTHORITY, 
PROVIDED NO BORROWING SHALL BE FOR A TERM 
BEYOND THE DATE FOR RENEWAL OF THE DISTRICT 
UNDER SECTION 261 OF THIS SUBTITLE; 

I. ADOPT AN ANNUAL BUDGET AND IMPOSE, 
CHARGE AND COLLECT THE TAXES OR CHARGES ON 
BENEFITTED PROPERTIES WITHIN THE DISTRICT 
AUTHORIZED BY THE ENABLING LEGISLATION AND 
THIS SUBTITLE; PROVIDED, HOWEVER, THAT NO 
TAXES SHALL BE LEVIED AGAINST PROPERTIES 
WHICH ARE EXEMPT UNDER STATE LAW FROM 
ORDINARY PROPERTY TAXES; 

J. CREATE AND ENTER INTO PARTNERSHIPS 
BETWEEN THE AUTHORITY AND VARIOUS PROPERTY 



516 



Ord. No. 414 



OWNERS OTHERWISE EXEMPT FROM ORDINARY 
PROPERTY TAXES, WHICH PARTNERSHIPS MAY 
PROVIDE FOR THE PROVISION OF PERMITTED 
SERVICES AND BENEFITS BY THE AUTHORITY IN 
EXCHANGE FOR PAYMENTS ARRANGED BY CONTRACT, 
DONATION, GIFT, SERVICES IN KIND OR OTHER 
MECHANISM BY WHICH FUNDS OR BENEFITS ARE 
PROVIDED TO THE AUTHORITY; 

K ESTABUSH AND ELECT SUCH OFHCERS OF THE 
BOARD AS ARE NOT SPECIFIED IN THIS SUBTITLE AND 
PROVIDE FOR THEIR TERMS AND DUTIES; 

L. CONTRACT FOR AND PURCHASE GOODS AND 
SERVICES, BUT AS PROVIDED I^J THE E^L^BLI^JG 
LEGISLATION, SUCH CONTRACTING SHALL NOT BE 
WITHOUT BEING SUBJECT TO BALTIMORE CITY 
REQUIREMENTS REGARDING WAGE SCALES, 
COMPETITIVE BIDDING OR OTHER LOCAL 
PROCUREMENT LAWS, BUT NONETHELESS SHALL BE 
SUBJECT TO APPLICABLE ORDINANCES REGARDING 
CITY POUCY ON ENCOURAGING AND ACHIEVING 
GOALS FOR MINORITY AND WOMEN'S BUSINESS 
ENTERPRISES PARTICIPATION IN THE CONTRACTING 
ACTIVITIES OF THE AUTHORITY; 

M. SUBJECT TO THE APPROVAL OF THE BOARD 
OF ESTIMATES, ADOPT, AMEND AND MODIFY 
BY-LAWS, CONSISTENT WITH THE ENABLING 
LEGISLATION AND THIS SUBTITLE; 

N. IMPLEMENT THE PROGRAMS AND GOALS OF 
THE AUTHORITY DIRECTLY THROUGH EMPLOYEES, OR 
THROUGH ONE OR MORE CONTRACTS, WHICH 
CONTRACTS CAN BE WITH INDEPENDENT 
CONTRACTORS OR CONTRACT CONTRACTUAL 
EMPLOYEES; 

O. ASSIST Di THE LEASING, MARKETING AND 
PROMOTION PROMOTIONAL ACTIVITIES WITHIN THE 
DISTRICT, TO THE EXTENT SUCH ACTIVITIES ARE 
APPROVED BY THE GOVERNING BOARD OF THE 
AUTHORITY; 



517 



Ord. No. 414 



P. APPOINT, HIRE, OR ENGAGE SUCH AUDITORS, 
ACCOUNTANTS, ATTORNEYS, ASSISTANTS, AIDES, 
EMPLOYEES AND ADVISORS AS MAY BE DEEMED 
NECESSARY FOR THE PROPER PERFORMANCE OF THE 
DUTIES OF SAID AUTHORITY, BUT CONSISTENT WITH 
THIS ORDINANCE; AND 

Q. DO ALL OTHER THINGS NECESSARY OR 
CONVENIENT TO CARRY OUT ITS GOALS, OBJECTIVES 
AND POWERS. 

^ 254. AUTHORITY; LIMFTATIONS. 

ff THE AUTHORITY MAY NOT: 

^ A. EXERCISE ANY POUCE OR GENERAL POWERS 

^ OTHER THAN THOSE AUTHORIZED BY STATE LAW 

C- . AND CITY ORDINANCE; 



in 



B. PLEDGE THE FULL FAITH OR CREDIT OF THE 
CITY; 

C. IMPOSE TAXES OR CHARGES IN EXCESS OF 



K THOSE APPROVED BY THE BOARD OF ESTIMATES; 

D. EXERCISE THE POWER OF EMINENT DOMAIN; 

E. EXTEND ITS LIFE WITHOUT THE APPROVAL OF 
THE CITY COUNCIL; 

F. EXCEPT AS OTHERWISE PROVIDED BY LAW, 
ENGAGE IN COMPETITION WITH THE PRIVATE 
SECTOR; 

G. EXCEPT AS OTHERWISE PROVIDED IN SECTION 
262, REVERT CHARGES OR TAXES COLLECTED 
PURSUANT TO THIS SUBTITLE TO THE GENERAL FUND 
OF THE CITY; 

H. BE AN AGENCY OF THE MAYOR AND CITY OF 
BALTIMORE OR THE STATE OF MARYLAND AND ITS 
OFFICERS AND EMPLOYEES MAY NOT ACT AS AGENTS 



518 



Ord. No. 414 



OR EMPLOYEES OF THE MAYOR AND CITY OF 
BALTIMORE OR THE STATE OF MARYLAND; 

I. EMPLOY INDIVIDUALS WHO RESIDE OUTSIDE 
THE CITY OF BALTIMORE; AND 

J. EXCEPT AS REQUIRED OR APPROPRL\TE TO 
FACILITATE ITS NORMAL OPERATIONS, INCUR DEBT. 

255. AUTHORITY; BOARD OF DIRECTORS. 

A. THE AUTHORITY SHALL BE GOVERNED BY AND 
ADMINISTERED THROUGH A BOARD OF DIRECTORS 
(THE "BOARD"). THE INITIAL INTERIM BOARD OF THE 
AUTHORITY SHALL BE THOSE INDIVIDUALS WHOSE 
NAMES ARE SET FORTH ON THE UST ATTACHED TO 
THIS ORDINANCE AS EXHIBIT A . THE INTERIM BOARD 
SHALL BE PRIM.^RILY RESPONSIBLE FOR DRAFTING 
THE BY-LAWS OF THE AUTHORITY AND^ 
RECOMMENDING A FULL BOARD FOR THE AUTHORITY 

TO THE BOARD OF ESTIMATES , AND IS NOT EXPECTED J 

TO ENGAGE IN ANY OTHER SUBSTAhm\nE ACTIVITY ^ 

AND PREPARING A PROPOSED OPERATIONS PLAN AND ^ 

BUDGET . THE BOARD SPLUL BE SUBJECT TO THE :: 

FOLLOWING REQUIREMENTS: 

(1) THE BtfHAL INTERIM BOARD MEMBERS 
SHALL SERVE AS THE MEMBEPcS OF THE BOARD FOR A 
PERIOD NOT TO EXCEED SK (6) MONTHS, UNLESS 
EXTENDED BY THE BOARD OF ESTIMATES, AND ONLY 
UNTIL A FULL BOARD IS APPROVED BY THE BOARD OF 
ESTIMATES AS PROVIDED HEREAFTER. THE MAJORITY 
OF THE INTERIM BOARD MEMBERS SHALL BE OWNERS 
OR REPRESENTATIVES OF OWNERS OF PROPERTIE S 
PROPERTY OWNERS IN THE DISTRICT THAT ARE 
SUBJECT TO TAXES OR CHARGES UNDER THIS 
SECTION AND MUST BE ELIGIBLE TO VOTE IN THE 
ELECTION REQUIRED UNDER SECTION 260. IN THE 
EVENT OF RESIGNATION, EXPIRATION OR OTHER 
DEPARTURE FROM THE BOARD, OR REMOVAL IN 
ACCORDANCE WITH THE BY-LAWS OF THE 
AUTHORITY, OF ANY MEMBER OF THE BOARD, 



519 



Ord. No. 414 



SUCCESSORS SHALL BE ELECTED BY THE REMAINING 
MEMBERS OF THE BOARD. 

(2) THE NUMBER OF MEMBERS OF THE FULL 
BOARD SHALL BE NOT LESS THAN TEN CIO) T HIRTEEN 
(13), EXCLUDING VACANCIES, AND NO MORE THAN 
TWENTY-FIVE (25). THE INTERIM BOARD SHALL 
PROPOSE TO THE BOARD OF ESTIMATES THE INFITAL 
FULL MEMBERSHIP OF THE BOARD AND THE 
PROPOSED TERMS FOR EACH DIRECTOR. THE TERMS 
OF THE MEMBERS SHALL BE STAGGERED. INTERIM 
^ BOARD MEMBERS MAY BE INCLUDED IN THE 

^' RECOMMENDED FULL BOARD LIST. SUCH 

^ RECOMMENDATION SHALL OCCUR NO LATER THAN 

5^ WITHIN TEN (10) DAYS OF AFTER APPROVAL OF THE 

^ DISTRICT, AND SHALL BE SUBJECT TO THE CONSENT 

^ AND CONCURRENCE OF THE BOARD OF ESTIMATES. 

^ . THE BOARD SHALL HAVE THE FULL AUTHORITY TO 

INCREASE OR DECREASE ITS MEMBERSHIP, WITHIN 
THE ABOVE LIMITS , PROVIDED THAT THE 
S|; REQUIREME>JTS OF THIS SUBTITLE ARE ADHERED TO 

i--' AT ALL TIMES AFTER APPROVAL OF THE I>JmAL FULL 

BOARD BY THE BOARD OF ESTIMATES . 






K 



B. THE FOLLOWING MINIMUM REPRESENTATION 
SHALL BE PRESENT ON THE FULL BOARD, EXCEPT 
DURING PERIODS OF TEMPORARY VACANCIES: 

(1) NON PROFIT MEMBERS AS REQUIRED BY 
THE BY LAWS; 

mm ONE VOTING MEMBER SHALL BE 
APPOINTED BY THE MAYOR; 

(3) ONE ME^/[BER SHALL BE A ME^ffiER OF 
THE CITY COUNCIL APPQI>JTED BY THE 

PRE$IDE^^^ of the city council. 

W AT LE.^ST ONE MEMBER SHALL BE 

APPOI>JTED BY AND SHALL REPRESE^JT 
EACH OF THE FOLLOWI^JG CONSTITUENT 
GROUPS WITHI^J THE DISTRICT; 



520 



Ord. No. 414 

(A) ABELL IMPRQVE3V<IEJ>JT ASSOCIATION 

(B) BETTER GREENMOU>rr ALLIANCE 
(Q BETTER WAVERLY ASSOCIATION 

(D) CHARLES NORTH COMMUNITY 
ASSOCIATION 

(E) CHARLES VILLAGE CI VIC 
ASSOCL\TION 

(F) EAST BALTIMORE MIDWAY'^ARCLAY 
COMMUNITY DEVELOPMENT 
CORPORATION 

(G) KOREAN BUSINESS ASSOCIATION 

(H) MIDTOWN CHURCHES, INC. 

(D SOUTH QL^RLES VILL AGE 
COMMU^JITY ASSOCIATION 

(J) SOUTH CHiARLES VILLAGE 
PARTNERSHIP 

(K) WAVERLY IMPROVEMENT 
ASSOCIATION 

(L) NON PROFIT ORGA^JIZI^TIONS 
WITHIN THE DISTRICT; 

(2) ONE MEMBER SHALL BE A MEMBER OF 
THE CITY COUNCIL APPOINTED BY THE PRESIDENT OF 
THE CITY COUNCIL. 

(3) AT LEAST SEVEN (Ti VOTING BOARD 
MEMBERS SHALL BE FROM THE FOLLOWING 
CONSTITUENT ORGANIZATIONS WITHIN THE 
DISTRICT: THE ABELL IMPROVEMENT ASSOCLATION; 
THE CHARLES VILLAGE CIVIC ASSOCLATION: THE 
SOUTH CHARLES VILLAGE COMMUNITY ASSOCIATION. 
AND COMMUNITY HARWOOD ASSOCIATION. 



521 



Old. No. 414 



C4) AT LEAST SIX C6) VOTING BOARD 
MEMBERS SHALL BE FROM THE FOLLOWING 
CONSTITUENT ORGANIZATIONS WITHIN THE 
DISTRICT: THE BETTER GREENMOUNT ALLLfl^NCE. THE 
SOUTH CHARLES VILLAGE PARTNERSHIP. AND THE 
NORTH CHARLES VILLAGE BUSINESS ASSOCIATION. 

(5) THE BOARD MAY CONTAIN ADDITIONAL 
MEMBERS FROM THE FOLLOWING CONSTITUENT 
GROUPS: 

^ (A) FOUR C4) NON-VOTING MEMBERS 

^' FROM THE NEIGHBORHOOD ASSOCLATIONS 

^ BORDERING THE DISTRICT; 

^ CB) TWO (2) NON-VOTING MEMBERS 

^ FROM THE MIDTOWN CHURCHES, INC., AND THE 

CT- VARIOUS NON-PROFIT ORGANIZATIONS WITHIN THE 

^!„ DISTRICT: 

5.1; 

?i: (O THE BOARD MAY CONTAIN FOUR C4) 



AT LARGE VOTING MEMBERS. 



%" 

•■?; 

i: ^{6} AT LEAST TWO-THIRDS OF THE BOARD 

SHALL BE COMPRISED COMPOSED OF OWNERS OR 
REPRESENTATIVES OF OW^JER$ OF PROPERTY 
OWNERS SUBJECT TO THE TAX IMPOSED BY THIS 
SUBTITLE. A VOTING MEMBER OF THE BOARD MUST 
BE ELIGIBLE TO VOTE IN THE ELECTION UNDER 
SECTION 260 OF THIS SUBTITLE. 

4^17} THE BOARD SHALL ENDEAVOR TO 
MAINTAIN REPRESENTATIVES ON THE BOARD FROM 
PROFESSIONALS PRACTICING IN THE DISTRICT, THE 
RETAIL MERCHANTS WITHIN THE DISTRICT, AND THE 
TENANTS OF PROPERTIES IN THE DISTRICT; 
HOWEVER, NO MINIMUM REPRESENTATION SHALL 
APPLY; AND 

m(3l CONSISTENT WITH THE 
ENCOURAGEMENT OF PARTNERSHIPS BETWEEN THE 
AUTHORITY AND PROPERTY OWNERS EXEMPT FROM 
THE TAX IMPOSED BY THIS SUBTITLE, THE BOARD 
SHOULD IS ENCOURAGED TO CONSIDER 



522 



Ord. No. 414 



REPRESENTATION OF SUCH PARTNERS WITHIN ON 
THE BOARD. 

C. ALL POWERS OF THE AUTHORITY SHALL BE 
EXERCISED BY AND THROUGH THE BOARD, UNLESS 
DELEGATED BY THE BOARD TO ONE OR MORE 
OFFICERS THEREOF OR TO THE ADMINISTRATOR. 

D. THE BOARD MAY ADOPT SUCH BY-LAWS, RULES 
AND REGULATIONS AS IT DEEMS NECESSARY IN 
CARRYING OUT THE POWERS OF THE AUTHORITY, SO 
LONG AS THE SAME SHALL NOT BE INCONSISTENT 
WITH THE TERMS OF THIS SUBTITLE OR OF ANY 
ORDINANCE AMENDATORY OR SUPPLEMENTARY 
HEREOF OR OF THE ENABLING LEGISLATION. ALL 
BY-LAWS SHALL BE SUBJECT TO THE APPROVAL OF 
THE BOARD OF ESTIMATES. THE BOARD MAY 
ESTABUSH ITS OWN PROCEDURES RELATING TO THE 
INTERNAL ADMINISTRATION OF THE AUTHORITY, 
EXCEPT AS MAY BE RESTRICTED BY THE ENABLING 
LEGISLATION OR THIS SUBTTTLE. 

E. THE BOARD SHALL SELECT FROM AMONG TTS 
MEMBERS, INDIVIDUALS TO SERVE AS OFFICERS, AT 
THE PLEASURE OF THE BOARD, AS PRESIDENT, 
VICE-PRESIDENT, TREASURER AND SECRETARY OF THE 
AUTHORTTY, DELEGATING TO THESE INDIVIDUALS 
RESPONSBILTTIES THE BOARD DEEMS APPROPRL\TE. 

256. THE FINANCIAL PLAN. 

A. THE BOARD SHALL ADOPT AN ANNUAL 
FINANCLU PLAN (THE "FINANCLU PLAN^, BASED ON 
THE CTTTS FISCAL YEAR, CONSISTING OF AT LEAST A 
PROPOSED SCHEDULE OF TAXES OR CHARGES TO BE 
IMPOSED THROUGHOUT THE DISTRICT. 

B. THE FIRST FINANCIAL PLAN SUBMTTTED CAN BE 
FOR LESS THAN A FULL FISCAL YEAR. THE INTHAL 
BUDGET FOR THE AUTHORTTY SHALL INCLUDE ALL OF 
THE FISCAL YEAR ENDING ON JUNE 30, 1995, AND 
MAY INCLUDE THE COSTS OF PREPARING THE 
FINANCLU PLAN AND IMPLEMENTING THE 
AUTHORTTY AND THE DISTRICT, SO LONG AS SUCH 
COSTS WERE INCURRED DURING THAT FISCAL YEAR. 



523 



Ord. No. 414 



C. IF THE AUTHORITY IS NOT IMPLEMENTED AS A 
RESULT OF THE OPERATION OF SECTION 260 OF THIS 
SUBTITLE, NEITHER THE AUTHORTIY NOR THE 
DISTRICT, NOR THE CITY, SHALL HAVE ANY LL^BILTTY 
FOR COSTS INCURRED PRIOR TO THE INOTATION OF 
OPERATIONS, WHETHER OR NOT INCURRED BY THE 
ADMINISTRATOR OR ON BEHALF OF THE DISTRICT OR 
THE AUTHORITY. 

D. BEFORE ADOPTING THE FINANCL\L PLAN, THE 
BOARD OF THE AUTHORITY SHALL ARRANGE FOR A 

^ PUBLIC HEARING TO BE HELD ON THE FINANCLU 

^' PLAN. THE HEARING SHALL NOT OCCUR UNTIL AFTER 

^ NOTICE OF THE HEARING HAS BEEN PUBUSHED IN A 

^^ NEWSPAPER OF GENERAL CIRCULATION IN 

BALTIMORE CITY AT LEAST ONCE A WEEK FOR THREE 
CONSECUTIVE WEEKS. 



y. 



6 

in 



E. THE AUTHORITY MAY NOT APPROVE A 
FINANCL^iL PLAN THAT INCLUDES TAXES OR CHARGES 
IN EXCESS OF THOSE APPROVED BY THE BOARD OF 



I—, ESTIMATES. 

;* 

»S 257. SUPPLEMENTAL TAX. 



A. UPON THE E^JACTME^^^ OF THIS SUBTITLE, THE 
BOARD OF ESTIMi\TE$ SIL^LL QBTAI^J FROM THE 
DIRECTOR OF FI^Jx^^JCE A LISTING OF THE PROPERTY 
OW>JERS THAT WILL BE SUBJECT TO THE 
SUPPLEMENTAL TAX, THE BOARD OF ESTIMATES 
SHALL QBTAI>J FROM THE DIRECTOR OF FINANCE A 
LIST OF ALL PROPERTIES AND THEIR OW^JERS WITHDvJ 
THE DISTRICT. THE OWNERSHIP ROLL SHALL BE 
USED TO DETERMINE VOTES BASED ON THE NUMBER 
OF PROPERTY QW^JERS. I^J THE EVTOJT OF DISPUTE 
OR UNCERTAI>rrY, THE BQx ^ VRD OF ESTIM^^TES SHi^LL 
DETERMI>;E, with finality, the assessable BASE 
A^^) OWNERSHIP ROLL UPON WHICH THE 
PROCEDURES SR^LL BE Bx\SED> 

A. UPON ENACTMENT OF THIS SUBTITLE THE 
BOARD OF ESTIMATES SHALL OBTAIN FROM THE 
DIRECTOR OF FINANCE THE "ASSESSABLE BASE'' OF 



524 



Ord. No. 414 



THE DISTRICT. WHICH SHALL CONSTITUTE A LISTING 
BY PROPERTY AND A CALCULATION OF THE SUM OF 
ASSESSMENTS ON PROPERTIES SUBJECT TO THE 
SUPPLEMENTAL TAX. PROPERTIES SUBJECT TO THE 
TAX SHALL INCLUDE ALL PROPERTIES WITHIN THE 
DISTRICT EXCEPT THOSE EXEMPT UNDER THIS 
ORDINANCE. THE ENABLING LEGISLATION OR OTHER 
APPLICABLE LAWS. THE BOARD OF ESTIMATES SHALL 
DETERMINE WITH FINALITY THE ASSESSABLE BASE 
UPON WHICH THE SUPPLEMENTAL TAX WILL BE 
BASED. 

B. THE FUNDING FOR THE OPERATION OF THE 
AUTHORITY SHALL BE PRQ\TDED BY A SUPPLEMENTAL 
ANNUAL PROPERTY TAX, LE\TED ON ALL PROPERTIES 
SUBJECT TO REAL PROPERTY TAXATION, UNLESS 
EXEMPT UNDER THIS ORDI^Jx^^JCE, THE ENx^BLING 
LEGISLATION OR OTHER x^PPLIG^BLE L^WS (THE 
''SUPPLEME^^^AL tax"). THE SUPPLEMENTAL TAX 
SHALL BE ASSESSED AND C0LLECTE& -g4 
C0NJU^JCTIQN WITH THE PROPERTY TAXES ASSESSED 
AMD r oI I FCTED BY THE CITY (l^GULAR TAX"), 
UNLESS OTHERWISE ESTABUSHED BY THE BOARD 
AND APPROVED BY THE BOARD OF ESTIM.\TES. 
ENFORCEMENT OF THE SUPPLEMENTAL TAX SHALL BE 
IN ACCORDANCE WITH THE ENFORCEME> . T OF THE 
REGULAR TAX AND ALL PROVISIONS APPLICABLE TO 
THE ASSESS^/IE^JT, COLLECTION, EhJFORCEME>JT AND 
REFU^JDI^JG OF THE REGULAR TAX SHALL APPLY TO 
THE SUPPLEMENTAL TAX UNLESS MODIFIED HEREIN. 
THE SUPPLEMENTAL TAX SHALL BE FURTHER SUBJECT 
TO THE FOLLOWn>JG LIMITATIONS i 

(1) FOR ANY YEAR AFTER THE INITIAL BUDGET 
YEAR, THE BASE RATE OF THE SUPPLEMENTAL TAX 
SHALL NOT BE D>JCREASED UNLESS REQUIRED TO 
GENERATE RE\TOJUES EQUAL TO THE BASE BUDGET, 
PLUS AN AhlhWAL INCREASE IN THE BASE BUDGET 
EQUAL TO 5 PERCENT, AND SHALL BE SUBJECT TO 
THE FURTHER LIMITATIONS SET FORTH BELOW; 

(A) ANY IblCREASE IN THE RATE OF THE 

SUPPLEME^^^AL Tx^x must be approved by A 



525 



Ord. No. 414 



MAJORITY OF THE BOARD MEMBERS TTLM ARE 
PROPERTY QV^^JER REPRESE^JTATI\^ES FOR PURPOSES 
OF SECTION 255 A (VD. 

(B) THE RATE OF THE SUPPLE^^E^r^AL TAX 
SHALL NOT AT A^JY TIME EXCEED 30 CENTS PER 100 
DOLLARS OF ASSESSED VALUE. THIS LIMITATION 
SHALL BE ADJUSTED FOR A^^Y I^JCREI^SES I^J THE 
COST OF LIVI^JG, USI^JG STANDARDS APPROVED BY 
THE BOARD OF ESTIMi^TES, BUT IN NO EVEJ>rT BY 
MORE THAN 5 PERCE^JT FROM THE PRIOR YEAR. 

^ (Q EXCEPT TO THE EXTENT REQUIRED TO 

^ MAINTAI^J THE BASE BUDGET^ THE RATE OF THE 

9; SUPPLEME^r^AL TAX SHALL NOT AT x<V^fY TIME 

n>JCREx\SE FROM ANY ONE YEAR TO THE NEXT YEAR 



C/ 



6 



in 



BY MORE THAN 5 PERCENT. 



B. THE FUNDING FOR OPERATION OF THE 
p:.^ AUTHORITY SHALL BE PROVIDED BY A SUPPLEMENTAL 

ill ' PROPERTY TAX CTHE SUPPLEMENTAL TAX) ON THE 

V" \ ASSESSABLE BASE OF THE DISTRICT AS DETERMINED 

'?2 IN PARAGRAPH A. THE SUPPLEMENTAL TAX SHALL BE 

i; ASSESSED AND COLLECTED IN CONJUNCTION WITH 

THE PROPERTY TAXES ASSESSED AND COLLECTED BY 
THE CITY ("REGULAR TAX"), UNLESS OTHERWISE 
ESTABLISHED BY THE BOARD OF ESTIMATES. 
ENFORCEMENT OF THE SUPPLEMENTAL TAX SHALL BE 
IN ACCORDANCE WITH THE ENFORCEMENT OF THE 
REGULAR TAX AND ALL PROVISIONS APPLICABLE TO 
THE ASSESSMENTS, REFUNDS, CREDITS, 
COLLECTIONS, AND ENFORCEMENT WHICH APPLY TO 
THE REGULAR TAX SHALL APPLY TO THE 
SUPPLEMENTAL TAX UNLESS MODIFIED HEREIN. 

CI) THE SUPPLEMENTAL TAX RATE SHALL BE 
DETERMINED AS FOLLOWS: 

(A) ANY INCREASE IN THE RATE OF THE 
SUPPLEMENTAL TAX MUST BE APPROVED BY 
A MAJORITY OF THE VOTING BOARD 

MEMBERS. 



526 



Ord. No. 414 



CB) FOR THE INITIAL BUDGET YEAR THE 
RATE OF THE SUPPLEMENTAL TAX SHALL 
BE SET TO RAISE REVPJUES EQUAL TO THE 
COSTS OF THE FINANCLU PLAN BUT SHALL 
NOT EXCEED A FULL YEAR RATE OF 30 
CENTS PER 100 DOLLARS OF ASSESSED 
VALUE. 

(O FOR THE FIRST FULL BUDGET YEAR THE 
RATE OF THE SUPPLEMENTAL TAX SHALL 
BE SET TO RAISE REVENUES EQUAL TO THE 
COSTS OF THE FINANCLU PLAN BUT SHALL 
NOT EXCEED 30 CENTS PER 100 DOLLARS 
OF ASSESSED VALUE, EXCEPT THAT THE 
RATE MAY BE ADJUSTED TO PRODUCE 
REVENUE EQUIVALENT TO THE FULL YEAR 
30 CENT YIELD OF THE INHIAL BUDGET 
YEAR. 

CD) FOR ANY YEAR AFTER THE FIRST FULL 
BUDGET YEAR, THE RATE OF THE 
SUPPLEMENTAL TAX MAY BE ADJUSTED TO 
YIELD REVENUES WHICH ARE NO MORE 
THAN 5% GREATER THAN IN THE PRIOR 
YEAR. 

(2) PROPERTIES WITHIN THE DISTRICT 
SUBJECT TO THE SUPPLEMENTAL TAX SHALL NOT BE 
REQUIRED TO PAY ANY OTHER CHARGES OR FEES FOR 
SERVICES GENERALLY PROVIDED WITHIN THE 
DISTRICT BY THE AUTHORITY; HOWEVER, THE 
AUTHORITY MAY IMPOSE CHARGES AND FEES FOR 
ANY SPECLU SERVICES REQUESTED BY AND 
PERFORMED FOR ONE OR MORE PROPERTY OWNERS. 

(3) EXEMPT FROM THE PROVISIONS OF THIS 
SUBTITLE RELATING TO A SUPPLEMENTAL ANNUAL 
PROPERTY TAX ARE THE POLES, CONDUITS, TUNNELS, 
PIPE LINES, MANHOLES, AND OTHER SIMILAR 
SURFACE OR SUBSURFACE STRUCTURES, INCLUDING 
THEIR EQUIPMENT, OWNED AND CONTROLLED BY A 
PUBLIC SERVICE CORPORATION, LOCATED ON, OVER, 
OR UNDER STREETS, ALLEYS, OR OTHER PUBLIC WAYS 
OR LANDS, THE CONSTRUCTION OF WHICH IS 



527 



Old. No. 414 



AUTHORIZED BY THE CITY, AND THE INSTALLATION 
OF WHICH IS REGULATED AND SUPERVISED BY THE 
DIRECTOR OF PUBLIC WORKS OR AN AUTHORIZED 
REPRESENTATIVE THEREOF. 

C. OTHER CHARGES: THE BOARD OF THE 
AUTHORITY , WITH THE APPROVAL OF THE BOARD OF 
ESTIMATES, MAY ESTABUSH OTHER FEES AND 
CHARGES FOR SPECIFIC SERVICES PERFORMED 
WITHIN THE DISTRICT, WITHIN AREAS ADJOINING 
THE DISTRICT, FOR PROPERTIES AND OWNERS NOT 
^ SUBJECT TO THE SUPPLEMENTAL TAX AND IN 

^ CONJUNCTION WITH PARTNERSHIPS ENCOURAGED BY 

^ THIS SUBTITLE. 

</, D. BASELINE SERVICES: PRIOR TO IMPOSING AND 

^ COLLECTING THE SUPPLEMENTAL TAX AUTHORIZED 

^. BY THIS ORDINANCE, THE AUTHORITY SHALL ENTER 

INTO A MEMORANDUM OF UNDERSTANDING WITH 
THE MAYOR OF THE CITY REGARDING THE LEVEL OF 



^ 

^^* 
^L/- 



? h . SERVICES TO BE MAINTAINED BY THE CITY AS THE 

; -i ■ CnYS PARTNERSHIP OBLIGATION TO THE AUTHORITY 

•J£' AND THE DISTRICTS TAXPAYERS. SUCH A 

i; ; MEMORANDUM SHALL DESCRIBE THE EXISTING 

LEVELS OF SERVICE WITHIN THE DISTRICT, SHALL 
COMMIT THE CITY TO THE MAINTENANCE OF SUCH 
LEVELS OF SERVICE, AND SHALL OUTLINE THE 
FURTHER UNDERTAKINGS OF THE CITY IN RESPONSE 
TO THE INITIATIVE REPRESENTED BY THE CREATION 
OF THE DISTRICT (THE "BASELINE PLUS'O. THE 
MAINTENANCE OF EXISTING SERVICES SHALL BE 
GOVERNED BY TWO PRINCIPLES: 

(1) NO DECREASE IN SUCH SERVICES SHALL 
OCCUR EXCEPT AS PART OF AN OVERALL DECREASE 
IN SERVICES NECESSITATED BY CHANGES IN 
FUNDING, POUCY OR RESOURCES, AND THEN ONLY IN 
PROPORTION TO THE DECREASES IMPLEMENTED 
ELSEWHERE IN THE CITY. 

(2) ANY INCREASE IN SUCH SERVICES 
GENERALLY THROUGHOUT THE CITY SHALL BE 
MATCHED WITH INCREASES IN SUCH SERVICES 



528 



Ord. No. 414 



WITHIN THE DISTRICT, IN PROPORTION TO THE 
INCREASES IMPLEMENTED ELSEWHERE IN THE CITY. 

E. PARTNERSHIPS: THE AUTHORITY IS 
AUTHORIZED AND ENCOURAGED TO ENTER INTO 
PARTNERSHIPS WITH THE PROPERTY OWNERS AND 
USERS WITHIN THE DISTRICT AND ADJOINING AREAS 
THAT ARE NOT SUBJECT TO THE SUPPLEMENTAL TAX 
("EXEMPT PARTNERS") FOR THE PURPOSE OF 
FURTHERING THE BROAD OBJECTIVES OF IMPROVING 
AND ENHANCING PUBLIC SERVICES THROUGHOUT 
THE DISTRICT. IN FURTHERANCE OF THAT 
OBJECTIVE, THE AUTHORITY MAY: 

(1) CONTRACT TO PROVIDE VARYING 
LEVELS OF SERVICES TO AREAS ADJOINING THE 
DISTRICT; 

(2) AGREE TO ACCEPT DONATIONS, 
CONTRIBUTIONS, VOLUNTARY PAYMENTS OF ANY 
KIND FROM EXEMPT PARTNERS (COLLECTIVELY, 
"VOLUNTARY PAYMENTS"), WITH OR WITHOUT 
AGREEMENTS REGARDING SPECIFIC SERVICES AND 
FUNCTIONS; 

(3) ENTER INTO AGREEMENTS WITH 
EXEMPT PARTNERS TO INCLUDE PROPERTY OWNED BY 
THOSE EXEMPT PARTNERS WITHIN THE DISTRICT IN 
RETURN FOR VOLUNTARY PAYMENTS AND/OR 
COMMITMENTS REGARDING THE PROVISION OF 
SIMILAR SERVICES AND FUNCTIONS WITHIN 
PROPERTIES OWNED BY EXEMPT PARTNERS; AND 

(4) ESTABUSH RATES AND CHARGES FOR 
THE PROVISION OF SERVICES TO EXEMPT PARTNERS. 

F. Vx^G^NCY FACTOR: THE AUTHORITY IS 
DmECTED TO RECOMMEND TO THE BOARD OF 
ESTIMx\TES, ^A^ETHER SOME PROCESS OR 
AUTOMATIC ADJUSTME^JT IS NECES$x^RY TO REFLECT 
THE DIRECTION OF THE EN.\BLI^JG LEGISL\TIQN 
REGAPJDING CURPJJ>JT RATES OF OCCUPANCY IN 
BUILDINGS. 



529 



Ord. No. 414 



GF. COLLECTION AND DISBURSEMENT: THE 
AUTHORITY IS AUTHORIZED AND DIRECTED TO 
ESTABUSH WITH THE APPROPRL\TE CITY AGENCIES 
THE METHODS BY WHICH THE SUPPLEMENTAL TAX IS 
TO BE ASSESSED, COLLECTED AND DISBURSED TO 
THE AUTHORITY. AMOUNTS COLLECTED BY THE CITY 
ON BEHALF OF THE AUTHORITY SHALL NOT BE 
INCLUDED IN THE REVENUES OF THE CITY, SHALL 
NOT BE DEEMED SUBJECT TO THE BUDGETARY AND 
APPROPRL^TION PROCESS AND SHALL BE DISBURSED 
PROMPTLY UPON COLLECTION. AS PART OF THE 
^ CnVS CONTRIBUTION TO THE DISTRICT, SUCH 

^ COLLECTION, ASSESSMENT, DISBURSEMENT, 

^ RECORD-KEEPING AND ENFORCEMENT AS MAY BE 

$: INVOLVED IN THE PROCESS, SHALL NOT BE A CHARGE 

<l TO OR AGAE^ST THE AUTHORITY OR THE DISTRICT 



6 



BUT SHALL BE AN ELEMENT OF THE BASELINE PLUS. 



;; g. (1) THE DEPARTMENT OF FINANCE OF THE 

SiJ CITY IS AUTHORIZED TO COLLECT THE 

^ J; , SUPPLEMENTAL TAX AND SUCH OTHER CHARGES AS 

r-; ARE APPROVED BY THE BOARD OF ESTIMATES. THE 

'3; : ASSESSMENT FOR THE SUPPLEMENTAL TAX MAY BE 

i; - INCLUDED WITH THE ANNUAL REAL PROPERTY TAX 

BILL SUBMITTED TO THE OWNERS OF PROPERTIES 
WITHIN THE DISTRICT. THE PENALTIES AND 
INTEREST APPLICABLE TO DELINQUENT TAXES SHALL 
BE APPLIED TO DELINQUENCIES IN PAYMENT OF THE 
SUPPLEMENTAL TAX. THE DEPARTMENT OF FINANCE 
SHALL MAKE REGULAR REMITTANCES OF THE 
AMOUNTS COLLECTED TO THE BOARD OF THE 
AUTHORITY. 

(2) THE AMOUNT OF ANY OUTSTANDING 
ASSESSMENT ON ANY PROPERTY, AND ACCRUED 
INTEREST AND OTHER CHARGES, SHALL CONSTITUTE 
A LIEN ON THE PROPERTY. THE LIEN SHALL TAKE 
PRECEDENCE OVER ALL OTHER LIENS, WHETHER 
CREATED PRIOR TO OR SUBSEQUENT TO THE 
ASSESSMENT, COMMENSURATE WITH A LIEN FOR 
STATE AND COUNTY TAXES, GENERAL MUNICIPAL 
TAXES, AND PRIOR IMPROVEMENT ASSESSMENTS, 
AND SHALL NOT BE DEFEATED OR POSTPONED BY 
ANY PRIVATE OR JUDICL^J. SALE, BY ANY MORTGAGE, 
OR BY ANY ERROR OR MISTAKE IN THE DESCRIPTION 



530 



Ord. No. 414 



OF THE PROPERTY OR IN THE NAMES OF THE 
OWNERS. NO ERROR IN THE PROCEEDINGS OF THE 
CITY OR THE BOARD OF THE AUTHORITY SHALL 
EXEMPT ANY PROPERTY FROM THE LIEN, OR FROM 
PAYMENT THEREOF, OR FROM THE PENALTIES OR 
INTEREST THEREON, AS HEREIN PROVIDED. 

258. THE ADMINISTRATOR. 

A. THE ADMINISTRATOR SHALL HAVE THE POWER 
TO: 

(1) PREPARE THE FINANCLU PLAN FOR REVIEW 
AND APPROVAL BY THE BOARD OF THE AUTHORITY ; 

(2) IMPLEMENT THE APPROVED FINANCL\L 
PLAN AND ARRANGE FOR THE COLLECTION AND 
DISBURSEMENT OF THE SUPPLEMENTAL TAX AND ALL 
OTHER CHARGES, FEES AND REVENUES OF THE 
AUTHORITY; 

(3) ESTABUSH PROCEDURES AND PROCESSES 
NECESSARY TO PERFORM THE FUNCTIONS CALLED 
FOR UNDER THE FINANCL\L PLAN AND THE BUDGET; 

(4) BE RESPONSIBLE FOR THE DAY-TO-DAY 
OPERATIONS OF THE BOARD AND ITS EMPLOYEES 
AND CONTRACTORS; 

(5) EXERCISE THE POWERS GRANTED TO THE 
AUTHORITY UNDER THIS SUBTITLE, PROVIDED THAT 
THE BOARD OF THE AUTHORITY SHALL RETAIN FINAL 
DISCRETION AND POWER WITH REGARD TO ALL 
SUBSTANTIVE AGREEMENTS, CONTRACTS AND OTHER 
ARRANGEMENTS BINDING ON THE AUTHORITY; 

(6) HIRE AND RETAIN SUCH EMPLOYEES, 
AGENTS AND CONTRACTORS AS ARE NEEDED TO 
PERFORM ITS FUNCTIONS FOR THE AUTHORITY, 
PROVIDED THAT ALL HIRING AND CONTRACTING 
SHALL COMPLY WITH SECTION 253a) OF THIS 
SUBTITLE; 



531 



Ord. No. 414 



(7) BE THE DIRECT AGENT OF THE AUTHORTIY, 
SO THAT ANY IMMUNnY AFFORDED TO THE 
AUTHORITY AND ITS OFFICERS, EMPLOYEES AND 
AGENTS, SHALL BE AFFORDED AS WELL TO THE 
ADMINISTRATOR; AND 

(8) HAVE FURTHER RIGHTS, POWERS AND 
AUTHORITY AS GRANTED TO IT BY THE BOARD QP 
THE AUTHORITY . 



I 



if: 



B. ANY LIMITATIONS ON THE POWERS AND 
AUTHORITY OF THE BOARD AUTHORITY SHALL APPLY 
AS WELL TO THE ADMINISTRATOR IN PERFORMING 
THE FUNCTIONS CHARGED TO THE ADMINISTRATOR 
BY THIS SUBTITLE OR BY THE BOARD OF THE 
AUTHORITY . 

C. THE INniAL ADMINISTRATOR OF THE 
AUTHORITY SHALL BE THE GREATER HOMEWOOD 
COMMUNITY CORPORTATION, INC. UNLESS 
OTHERWISE DETERMINED BY THE INTERIM BOARD. 



7i 



259. THE BOARD OF ESTIMATES. 

THE BOARD OF ESTIMATES SHALL HAVE THE 
FOLLOWING POWERS WITH REGARD TO THE DISTRICT 
AND THE AUTHORITY: 

A. THE FULL BOARD OF THE AUTHORITY PROPOSED 
BY THE INTERIM BOARD IN ACCORDANCE WITH 
SECTION 255 OF THIS SUBTITLE SHALL BE SUBJECT 
TO THE APPROVAL OF THE BOARD OF ESTIMATES. 

B. THE FINANCLflJ. PLAN AND THE SCHEDULE OF 
RATES AND CHARGES SHALL BE SUBJECT TO THE 
APPROVAL OF THE BOARD OF ESTIMATES. BEGINNING 
WITH THE FINANCLU PLAN FOR FISCAL YEAR 1996, 
THE BOARD OF THE AUTHORITY SHALL SUBMIT ALL 
MATERLUS AT LEAST 2 MONTHS PRIOR TO THE 
PROPOSED EFFECTIVE DATE OF A BUDGET OR 
SUPPLEMENTAL TAX. 

C. THE BOARD OF ESTMATES SHALL REVTEW AND 
CONSIDER A^JY REQUEST BY THE AUTHOPJTY 



532 



Ord. No. 414 



REGARDDvJG ADJUSTMEJ>JTS TO REFLECT EXISTING 
QCCUPA^JCY OF PROPERTIES. SUCH ADJUSTMENTS 
SHALL BE MATTERS OF PQUCY AND NOT DECISIONS 
ON SPECIFIC PROPERTIES. 

DC. IN CONSIDERING A PROPOSED BUDGET AND 
SCHEDULE OF TAXES AND CHARGES, THE BOARD OF 
ESTIMATES SHALL NOT HAVE THE POWER TO EXCEED 
OR INCREASE EITHER THE BUDGET OR THE SCHEDULE 
OF TAXES, RATES AND CHARGES BEYOND THOSE 
PROPOSED BY THE AUTHORITY. 

ED, THE BOARD OF ESTIMATES SHALL REVIEW AND 
APPROVE THE INHTAL BY-LAWS OF THE AUTHORITY 
AND ANY PROPOSED AMENDMENTS THERETO. 

FE. THE BOARD OF ESTIMATES SHALL BE THE 
FINAL ARBITER AND DECISION MAKER REGARDING 
THE APPROVAL AND RENEWAL PROCESS FOR THE 
DISTRICT SPECIFIED IN THIS SUBTITLE. 

260. ELECTION APPROVAL PROCESS. 

A. ELIGIBLE VOTERS: THE BOARD OF ESTIMATES, 
WITH THE ASSISTANCE OF THE INTERIM BOARD OF 
THE AUTHORITY, THE DEPARTMENT OF FINANCE. AND 
THE SUPERVISOR OF THE BOARD OF ELECTIONS. 
SHALL BE RESPONSIBLE FOR COMPILING A UST OF 
THOSE PERSONS ELIGIBLE TO VOTE ON THE 
ESTABUSHMENT OF THE DISTRICT AND ON ANY 
QUESTION RELATING TO ITS RENEWAL. 

B. THE FOLLOWING PERSONS ARE ELIGIBLE TO 
VOTE SUBJECT TO THE LIMITATIONS THAT NO 
PERSON MAY HAVE MORE THAN ONE VOTE: OWNERS 
OF PROPERTY WITHIN THE DISTRICT WHICH IS 
SUBJECT TO TAX UNDER SECTION 257: AND VOTERS 
REGISTERED TO VOTE WITHIN THE DISTRICT. 

BC. ELECTION PERIOD: NOTICES A>n) BALLOTS 
SHALL BE PROVIDED TO EACH ELIGIBLE VOTER 
REGx^RDING THE PASSAGE OF THE SUBTITLE AND THE 
RIGHTS OF PROTEST AVAILABLE HEREUNDER A 
BALLOT SHALL BE PROVIDED TO EACH ELIGIBLE 
VOTER REGARDING APPROVAL OF THE 



533 



^ 



f 


1 


•^ 


^ 


c 


v^ 


$S' 


?^;^ 

••*- 


Sc- 


:^ 


»;. 



Ord. No. 414 



ESTABUSHMENT OF THE DISTRICT AND THE 
AUTHORriY CONSISTENT WITH THIS SUBTITLE . EACH 
BALLOT, WITH A CERTIFIED SIGNATURE OF THE 
ELIGIBLE VOTER, SHALL BE RETURNED TO THE BOARD 
OF ESTIMATES, C/0 OF THE COMPTROLLER'S OFHCE, 
WITHIN 30 DAYS OF THE DATE SPECIFIED ON THE 
BALLOT . 

Ci PERCENTAGE APPROVAL: IF WITHDvJ THE 
ELECTION PERIOD, THE BOx^RD OF ESTIMATES 
RECEIVES APPRQVx^LS (THE '^BASE LEV^EL 
APPRQVi^LS"), DETEPaMI^fED TO BE Vx^LID BY THE 
BOARD OF ESTIMATES, REPRESE^JTI^JG FIFTY EI Gffli 
PERCENT (58%) OF THE AGGREGx^TE VOTES G\ST BY 
THE ELIGIBLE VQTEP^ THE AUTHOPJTY SHALL, AT 
THE CONCLUSION OF THE ELECTION PERIOD, BE 
CERTIFIED AS IMPROVED FOR QPERi^TIQNS. I>J THE 
E\TOrr OF A DISPUTE AS TO QW^JERSHIP OR 
REPPJESE>JTx^TION, THE BOARD SHALL DISREGARD 
THE PROTEST U^:LESS SATISFIED x\S TO THE PERSON 
PRQPEPXY AUTHORIZED TO ACT ON BEHx^LF OF THE 
PROPERTY OW^JER. IF PROTESTS m EXCESS OF THE 
Bx^SE LE\^L APPROVx^S PJ:QUmED x^RE RECEIVED, 
THE BQx^RD OF ESTIMx^TES SHx^LL ESTx^BUSH 
PROCEDURES IT DEEMS APPROPRL^TE FOR A 
REFERENDU^^ OF PROPERTY 0\^^^JERS WITHI>J THE 
DISTFJCT, TO DETEPJ > lI>fE W^HETHER PROPERTY 
QW^JERS OF x^T LEx\ST FIFTY EIGHT PERCEhrT (58%) 
OF BOTH THE ASSESSABLE Bx^SE Ax^JD THE 
QW^JERSHIP ROLL ARE I^J SUPPORT OF THE DISTRICT . 
SUCH A REFEREJvJDUM SHx\LL BE CQ>nDUCTED A> fl^ 
COMPLETED WITHI^J THIRTY Dx\YS x^FTER THE E^JD OF 
THE ELECTION PERIOD. 

D. PERCENTAGE APPROVAL: AT THE END OF THE 
ELECTION PERIOD, THE BOARD OF ESTIMATES SHALL 
DETERMINE THE AGGREGATE VOTES CAST BY THE 
ELIGIBLE VOTERS. IF THE BOARD OF ESTIMATES 
DETERMINES THAT AT LEAST 58% OF THE 
AGGREGATE VOTES CAST APPROVED THE 
ESTABLISHMENT OF THE AUTHORITY. THE BOARD OF 
ESTIMATES SHALL CERTIFY THE AUTHORITY AS 
APPROVED FOR OPERATION. 



534 



Ord. No. 414 



261. FOUR-YEAR REVIEWS. 

NO LATER THAN FOUR YEARS AFTER THE 
ENACTMENT OF THIS SUBTITLE AND EVERY FOUR 
YEARS THEREAFTER, THE MAYOR AND CITY COUNCIL 
SHALL HOLD ONE OR MORE PUBUC HEARINGS TO 
EVALUATE THE ACnVITIES AND UNDERTAKINGS OF 
THE AUTHORITY AND THE DISTRICT. AT THE 
CONCLUSION OF THE HEARINGS, THE MAYOR AND 
CITY COUNCIL SHALL UTIUZE THE PROCEDURES 
DESCRIBED IN SECTION 260 ABOVE TO DETERMI> f& 
WHETHER THE OPPOSITION IN EXCESS OF THE BASE 
LEVEL APPROVALS EXISTS TO THE CONTINUATION OF 
THE DISTRICT. IF SUCH OPPOSITION EXISTS, THE 
BQi\RD OF ESTIMi^TES SHi\LL CONDUCT A 
REFERENDUM COMPARABLE TO THAT DESCRIBED IN 
SECTION 360 TO DETERMINE WHETHER THE DISTRICT 
IS TO CONTINUE FOR ANOTHER FOUR YEARS. THIS 
PROCESS SHALL BE REPEATED PERIODICALLY TO 
SATISFY THE REQUIREMENTS OF THE ENABLING 
LEGISLATION. 

262. DISSOLUTION OF A DISTRICT. 

B. IN THE EVENT THAT THE DISTRICT AND THE 
AUTHORITY ARE EITHER NOT APPROVED THROUGH 
THE PROCESS DESCRIBED IN SEC. 260 OF THIS 
SUBTITLE , OR ARE NOT RENEWED AS PROVIDED IN 
SECTION 261, THE AUTHORITY SHALL CEASE ITS 
OPERATIONS, AND THE DISTRICT SHALL CEASE TO 
EXIST, WITH AT THE END OF THE FISCAL YEAR OF 
THE CITY THE CHYS FISCAL YEAR IN WHICH SUCH 
TERMINATING EVENT OCCURS. THE AUTHORITY 
SHALL CONTINUE ITS EXISTENCE ONLY SO LONG AS IS 
NECESSARY TO TERMINATE OPERATIONS IN A 
REASONABLE FASHION AND TO ARRANGE FOR THE 
REFUNDING OF ALL FUNDS NOT NEEDED TO SATISFY 
OUTSTANDING OBLIGATIONS AND RESERVES FOR 
UNCERTAIN OBLIGATIONS AND LIABILITIES. ANY 
UNSPENT FUNDS SHALL REVERT BACK TO THE CTIYS 
GENERAL FUND. 



535 



Ord. No. 414 



SEC. 2. AND BE IT FURTHER ORDAINED, That it is 
the intent of the Council that involvement by minorities in 
the business community and in the affairs of the District 
is to be encouraged. Accordingly, Qty |x>licies regarding 
the achievement of goals for minority and women's 
business enterprises shall apply to the District and the 
Authority, and furthermore, the Authority is encouraged 
to seek means by which greater minority involvement can 
take place with the District and th e larger central bucinecc 
district of th e city . 

^ SEC. 3. AND BE IT FURTHER ORDAINED, That the 

^' provisions of this ordinance are severable, and if any 

^ provision, sentence, clause, section or part thereof is held 

\< illegal, invalid or imconstitutional, or inapplicable to any 

^ person or circumstances, such illegality, invalidity or 

^ unconstitutionality or inapplicability shall not affect or 

^. impair any of the remaining provisions, sentences, 

■^ ^p. clauses, sections or parts of the ordinance or their 

^IJ . application to other persons or circumstances. It is 

$y«i hereby declared to tns the legislative intent that this 

X"^\ ordinance would have been adopted if such illegal, invalid 

•?!J> or unconstitutional provisions, sentence, clause, section or 

1^ ; part had not been included therein, or as if the person or 

circumstances to which the ordinance or any part thereof 
is inapplicable had been specifically exempted therefrom. 

SEC. 4. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on July 1, 1994, contingent on 
th e taldng e ff e ct of Chapte r (H.B. 991) of th e 

Acts of th e Gen e ral Ass e mbly of 199^ ^ and if 
Chapt e r do e s not b e com e effectiv e ^ this 

Ordinanc e shall b e null and void without tho nocecsity of 
further action by the Gty Council i 



I 



EXHIBIT A 



THOMAS J. SHAFER 
DAWNA COBB 
ED HARGADON 
PERRY KLEIN 
SAMUEL HOLMES 
MICHAEL HOWARD 



536 



Ord. No. 415 



CORBIN COGSWELL 
PHIL LEE 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 415 

(Coundl Bill No. 893) 

AN ORDINANCE concerning 

SUPPLEMENTARY GENERAL FUND 

CAPITAL APPROPRL\TION - 
POUCE DEPARTMENT - $9,137,500 

FOR the purpose of providing a supplementary General 
Fund Capital appropriation in the amount of 
$9,137,500 to the Police Department (Accoimt #9918- 
206-022) for renovations of the Police Headquarters 
Building. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from Proceeds-Asbestos Litigation Setdements in 
excess of the amount from this source estimated and 
relied upon by the Board of Estimates in determining the 
tax levy required to balance the budget for the 1994 fiscal 
year, and said money is therefore available for 
appropriation to the Police Department (Account #9918- 
206-022) pursuant to the provisions of Article VI, Section 
2(h)(3) of the Baltimore Qty Charter (1964 Revision, as 
amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not be expected with 



537 



Ord. No. 415 



reasonable certainty at the time of the formulation of the 
current Ordinance of Estimates in accordance with Article 
VI, Section 2(h) (3) of said Charter; and 

WHEREAS, This supplementary General Fund Capital 
appropriation has been recommended to the Qty Council 
by the Board of Estimates at a regiilar meeting of the 
Board held on the 1st day of June, 1994, all in 
accordance with Article VI, Section 2(h)(3) of the 
Baltimore Qty Charter (1964 Revision, as amended). 

^ SECTION 1. BE IT ORDAINED BY THE MAYOR AND 

^. CITY COUNCIL OF BALTIMORE, That under the 

^ provisions of Article VI, Section 2(h)(3) of the 1964 

\c revision of the Charter of Baltimore Qty, the sum of 

d, $9,137,500 shall be made available to the Police 

^ Department (Account #9918-206-022) as a 

^. supplementary General Fund Capital appropriation for the 

^ ^ fiscal year ending June 30, 1994 to provide for 

^ *J , renovations of the Police Headquarters Building which 

5 J- : could not reasonably be anticipated at the time of 

*y"'' formulation of the proposed Fiscal 1994 Ordinance of 

• Jtr Estimates. The amount thus made available as a 

i; ; supplementary General Fund Capital appropriation shall 

be provided from the Proceeds - Asbestos Litigation 
Settiements in excess of the amount from this source 
which was estimated or reHed upon by the Board of 
Estimates in determining the tax levy required to balance 
the budget for the 1994 fiscal year; and said funds from 
said Proceeds from Asbestos Litigation Settiements shall 
be the source of revenue for this supplementary General 
Fund Capital appropriation as required by Article VI, 
Section 2(h)(3) of the Baltimore Qty Charter (1964 
Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



538 



Ord. No. 416 



CITY OF BALTIMORE 

ORDINANCE NO. 416 

(Council BUI No. 894) 

AN ORDINANCE concerning 

AN INDUSTRIAL DEVELOPMENT AUTHORITY 

FUND SUPPLEMENTAL - 

FIRE DEPARTMENT - $9.135.500 $9,137,500 

FOR the purpose of providing an Industrial Development 
Authority Fund supplemental in the amount of 
$9tl35;500 $9,137,500 to the Fire Department 
(Account #9920-208-026) for the Fire 
Communications System - Modernization. 

BY authority of 

Article VI - Board of Estimates 

Section 2(h)(3) 

Baltimore Qty Charter (1964 Revision, as amended) 

WHEREAS, The money appropriated herein represents 
funding from Certificates of Participation in excess of the 
amount from this source estimated and relied upon by the 
Board of Estimates in determining the tax levy required to 
balance the budget for the 1994 fiscal year, and said 
money is therefore available for appropriation to the Fire 
Department (Account #9920-208-026) pursuant to the 
provisions of Article VI, Section 2(h) (3) of the Baltimore 
Qty Charter (1964 Revision, as amended); and 

WHEREAS, The additional sum here appropriated is 
from sources which could not expected with reasonable 
certainty at the time of the formulation of the current 
Ordinance of Estimates in accordance with Article VI, 
Section 2(h)(3) of said Charter; and 

WHEREAS, This Industrial Development Authority 
Fund supplemental has been recommended to the Gty 
Council by the Board of Estimates at a regular meeting of 
the Board held on the 1st day of June, 1994, all in 



539 



Ord. No. 417 



accordance with Article VI, Section 2(h) (3) of the 
Baltimore Qty Qiarter (1964 Revision, as amended). 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That imder the 
provisions of Article VI, Section 2(h) (3) of the 1964 
revision of the Charter of Baltimore Qty, the sum of 
$9a35,5Q0 $9,135.500 shall be made available to the 
Fire Department (Accoimt #9920-208-026) as an 
Industrial Development Authority Fund supplemental for 
the fiscal year ending June 30, 1994 to provide for the 
^ Fire Communications System - Modernization which could 

vy not reasonably be anticipated at the time of formulation 

i^ of the proposed Fiscal 1994 Ordinance of Estimates. The 

y amount thus made available as an Industrial Development 

^ Authority Fund supplemental shall be provided from 

^ Certificates of Participation in excess of the amount from 

^ ■ this source which was estimates or relied upon by the 

$.S^ \ Board of Estimates in determining the tax levy required to 

2y^ r' balance the budget for the 1994 fiscal year; and said 

• ^Jr- Certificates of Participation shall be the source of revenue 

•^D^ for this Industrial Development Authority Fund 

'^ Supplemental as required by Article VI, Section 2(h)(3) of 

the Baltimore Qty Charter (1964 Revision, as amended). 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 417 

(Council Bill No. 895) 

AN ORDINANCE concerning 

INDUSTRLU DEVELOPMENT AUTHORITY FUND 

CAPITAL DEAPPROPIUATION - 

POUCE DEPARTMENT - $9,137,500 



540 



Ord. No. 417 



FOR the purpose of amending the Fiscal 1994 Ordinance 
of Estimates - Capital Budget to deappropriate 
$9,137,500 of Industrial Development Authority Fund 
Capital appropriations to the Police Department 
(Account # 9918 206 522 9918-206-022) for 
renovations of the Police Headquarters Building. 

WHEREAS, The Fiscal 1994 Ordinance of Estimates 
(Ordinance No. 226) contained $11,620,000 in 
appropriations for the Police Headquarters Building 
supported by Industrial Development Authority financing; 
and 

WHEREAS, Proceeds from the asbestos litigation 
settlement with U.S. Gypsum are now available to reduce 
the amount of financing necessary through the Industrial 
Development Authority; and 

WHEREAS, This deappropriation has been 
recommended to the Qty Council by the Board of 
Esimates at a regular meeting of the Board held on the 
1st day of June, 1994. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance 226 of 
1993, entided Ordinance of Estimates for Fiscal Year 
ending June 30, 1994 Section B. Capital Budget is hereby 
amended, and the amount deappropriated, as follow: 

Appropriation Deappropriation 
Amoimt Amount 



Police Headquarters 
Industrial Development 

Authority Fund $ 11,620,000 $ 9,137,500 

(206-022) 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 

ordinance shall take effect on the date of its enactment. 

Approved July 6, 1994 

KURT L. SCHMOKE, Mayor 



541 



6 



Ord. No. 418 

CITY OF BALTIMORE 

ORDINANCE NO. 418 

(Council Bill No. 341) 

AN ORDINANCE concerning 

DAYTIME CURFEW 

^ FOR the purpose of authorizing a police officer to 
^. escort a minor to school during school hours and 

^ increasing the penalty for operators of establishments 

(i who violate the provisions of this subtitle. 

^ BY repealing and reordaining with amendments 

Article 19 - Police Ordinances 
Subtitle - Parental Responsibility - Curfew 
. Section 96(a) and 96(d) 

>T:^ Baltimore Qty Code (1983 Replacement Volume, as 

'-I^ amended) 

J;: SECTION 1. BE IT ORDAINED BY THE MAYOR AND 

CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 

ARTICLE 19 - POUCE ORDINANCES 

Parental Responsibility - Curfew 

96. Enforcement and penalties. 

(a) Any police officer who finds a minor violating any 
provisions of Section 93 shall obtain information from 
such minor as to his name and address, age, and the 
name of his parent or parents. The minor shall thereupon 
be instructed to proceed immediately to his home or to 
his school, if it is during school hours, OR THE POLICE 
OFFICER MAY ESCORT THE MINOR TO SCHOOL. The 
information obtained from the minor shall be reported to 
the Youth Section of the Police Department, which shall 



542 



Ord. No. 419 



cause a written notice to be mailed to the parent or 
parents of the minor, advising of the violation of Section 
93. 

(d) Any operator of an establishment and any agents 
or employees of any operator who shall violate the 
provisions of Section 95 may be fined not less than [$25] 
$50 nor more than [$300] $500 for each violation, and 
may be imprisoned for not more than 15 days if the fine 
is not paid. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved July 28, 1994 

KURT L. SCHMOKE, Mayor 



ENROLLED COPY 

CITY OF BALTIMORE 

ORDINANCE NO. 419 

(Council Bill No. 680) 

AN ORDINANCE concerning 

PARENTAL RESPONSIBILITY - CURFEW 

FOR the purpose of raising the curfew age to include 
minors 16 and 17 years of age, changing th e 
commenc e ment tim e of curf e w for minors 13 to 17 
y e ars of ago from 11:00 P.M^ to 10:00 P.M. on Sunday 
through Thursday nights, pro\dding for a curfow 
starting at sundown for minors und e r 13 years of ag e ^ 
requiring a police officer to take a curfew violator to 
the minor's home or to a Police Department juvenile 
holding center, requiring the parent or guardian to 
pick up a detained minor, and increasing certain 
penalties. 

BY repealing and reordaining with amendments 
Article 19 - Police Ordinances 



543 



dL 



6 



r" 

i; 



r« 



Ord. No. 419 



Subtitle - Parental Responsibility - Curfew 
Section 92(b), 93, 94, 95, 96(a), 96(b) 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Section(s) of the 
Baltimore Qty Code (1983 Replacement Volume, as 
amended) be added, repealed, or amended, to read as 
follows: 



^, ARTICLE 19 - POUCE ORDINANCES 

% 

ft Parental Responsibility - Curfew 



92. Definitions. 

In this subtitle the following definitions apply: 



?J-,^ (b) Minor. Any person imder the age of [16] 4^17 

years; 



93. Unlawful conduct of minors. 

(a) No minor [under the age of 16 years] shall remain 
in or upon any public place or any establishment between 
the hours of 12:00 midnight Friday and 6:00 A.M. 
Saturday, or between the hours of 12:00 midnight 
Saturday and 6:00 A.M. Sunday, official Gty time, or 
between the hours of -^11:00^ 10:00 P.M. and 6:00 A.M. 
of the following day, on any other day of the week. 

(B) NO MI^JOR mfDER THE AGE OF 13 YEARS 
SHi^LL REMiMN I>J OR UPON i^Pf PUBLIC PL^CE OR 
ANY ESTAB^SH^'IENT BETWEEN THE TIME OF 
SU^JDOW^J and 6 a.m. of the FOLLOWIhJC DAY. 

•(Q CB) T he provisions of Section 93(a) shall not apply 
to any minor accompanied by a parent, adult relative, or 
other person over the age of 21 years or to a minor upon 
an errand directed by such minor's parent, or to a minor 
attending a cultural, scholastic, athletic, or recreational 
activity supervised by a bona fide organization, or to any 



544 



Ord. No. 419 



minor who is engaged in gainful lawful employment 
during the curfew hours. 

[(b)] (D). £Q No minor between the ages of 6 to [15] 
4716 years, inclusive, shall remain in or about any public 
place or any establishment between the hours of 9:00 
A.M. and 2:30 P.M. any day during which said minor is 
required to be in school unless he has written proof from 
school authorities excusing him from attendance at that 
particular time or unless accompanied by a parent or 
guardian or a person 21 years of age or older. 

94. Unlawful conduct of parents. 

[(a) No parent shall knowingly permit any minor 
under the age of 16 years not exempted imder 93(a) to 
remain in or upon any public place or any establishment 
between the hours of 12:00 midnight Friday and 6:00 
A.M. Saturday, or between the hours of 12:00 midnight 
Saturday and 6:00 A.M. Sunday, official Qty time, or 
between the hours of 11:00 P.M. and 6:00 A.M. of the 
following day, on any other day of the week. 

(b) No parent shall knowingly permit any minor 
between the ages of 6 and 15 years, inclusive, to remain 
in or about any public place or any establishment 
between the hours of 9:00 A.M. and 2:30 P.M. during any 
school day unless he has written proof from school 
authorities excusing him from attendance at that 
particular time or imless accompanied by a parent or 
guardian or a person 21 years or age or older.] 

(A) IT SHALL BE UNLAWFUL FOR THE PARENT, 
GUARDIAN, OR OTHER PERSON HAVING CUSTODY OR 
CONTROL OF ANY MINOR BETWEEN THE AGES OF 13 
AND 4716 YEARS, INCLUSIVE, TO KNOWINGLY PERMIT 
OR, BY INSUFFICIENT CONTROL, TO ALLOW SUCH 
MINOR TO BE IN OR UPON ANY PUBLIC PLACE OR ANY 
ESTABUSHMENT BETWEEN THE HOURS OF 12:00 
MIDNIGHT FRIDAY AND 6:00 A.M. SATURDAY, OR 
BETWEEN THE HOURS OF 12:00 MIDNIGHT SATURDAY 
AND 6:00 A.M. SUNDAY, OR BETWEEN THE HOURS OF 



545 



Old. No. 419 



40^00 11:00 P.M. AND 6:00 A.M. OF THE FOLLOWING 
DAY, ON ANY OTHER DAY OF THE WEEK. 

(B) IT SHALL BE U>JLAWFUL FOR THE PARE>rr, 
GUARDL<V^J, OR OTHER PERSON HAVING CUSTODY OR 
CQ^JTRQL OF A^^f MINOR UhlDES. THE AGE OF 13 
YEARS TO PERAIIT OR, BY I^JSUFFICIE^^^ CO^^^ROL) TO 
ALLOW SUCH MD^JOR TO BE IN OR UPON ANY PUBLIC 
PL^CE OR A^IY ESTMLISHME^^r BETWEEN THE TIME 
OF SU^JDOW^J and 6 A.M. the FQLLOWI^JG DAYi 

^ ^Q iBi IT SHALL BE UNLAWFUL FOR THE PARENT, 

^' GUARDLflJ^, OR OTHER PERSON HAVING CUSTODY OR 

^ CONTROL OF ANY MINOR BETWEEN THE AGES OF 6 

^ AND 47 16 YEARS, INCLUSIVE, TO KNOWINGLY PERMIT 



OR, BY INSUFFICIENT CONTROL, TO ALLOW SUCH 
MINOR TO BE IN OR UPON ANY PUBUC PLACE OR ANY 
ESTABUSHMENT BETWEEN THE HOURS OF 9 A.M. 
$ S; AND 2:30 P.M. OF ANY DAY DURING WHICH THE 

2^1 '^ MINOR IS REQUIRED TO BE IN SCHOOL 



6 



,4^ 



! jt^: ^ IQ THE PROVISIONS OF THIS SECTION 94 ARE 

**;' TO BE READ IN CONJUNCTION WITH THE PROVISIONS 

*•' OF SECTION 93^ IB). 

95. Unlawful conduct of owners or operators of 
establishments. 

(a) No operator of an establishment or his agents or 
employees shall knowingly permit any minor to remain 
upon the premises of said establishment between the 
hours of 12:00 midnight Friday and 6:00 A-M. Saturday, 
or between the hours of 12:00 midnight Saturday and 
6:00 A.M. Sunday, official Qty time, or between the 
hours of {11:00^ 40^00 P.M. and 6:00 A.M. of the 
following day, on any other day of the week- 

(b) No operator of an establishment or his agents or 
employees shall knowingly permit any minor between the 
ages of 6 and [15] 47 16 years, inclusive, to remain upon 
the premises of said establishment between the hours of 
9:00 A.M. and 2:30 P.M. during any school day unless he 
has written proof from school authorities excusing him 



546 



Ord. No. 419 



from attendance at diat particular time or iinless 
accompanied by a parent or guardian or a person 21 
years of age or older. 

96. Enforcement and penalties. 

(a) Any Police Officer who finds a minor violating any 
provision [s] of Section 93 shall obtain information from 
such minor as to his name and address, age, and the 
name of his parent or parents. The minor shall ther e upon 
EITHER be [instructed to proceed immediately to his 
home or to his school, if it is during school hours. The 
information obtained from the minor shall be reported to 
the Youth Section to the Police Department, which shall 
cause a written notice to be mailed to the parent or 
parents of the minor, advising of the violation of Section 
93.] TAKEN TO THE MOOR'S HOME OR TO A 
JUVENILE HQLDIhJG CE^JTER ESTABUSHED BY THE 
PQUCE DEPARTMENT, A^^) THE PARE>rr, LAWFUL 
GUARDL^N, OR OTHER ADULT PERSON HAVING CARE 
OR CUSTODY OF THE MI^JOR SHALL BE NOTIFIED TO 
COME A^JD TAKE CHARGE OF THE MINOR. IF THE 
PARENT, LAWFUL GUARDIAhJ OR OTHER ADULT 
PERSON ABOVE CA^J^JOT BE LOCATED OR FAILS TO 
COME i\ND TAKE CHARGE OF THE MI^JOR, THE MINOR 
AND THE PARE^^^, LAWFUL GUARDIAN OR OTHER 
ADULT PERSON ABOVE SHALL BE SUBJECT TO THE 
PENALTIES SET FORTH D^J SUBSECTION (B) HEPJIOF. 
MINOR*S HOME OR TO AN APPROPRIATE JUVENILE 
HOLDING FACILITY. 

CI) WHEN THE CHILD IS TAKEN TO A JUVENILE 
HOLDING FACILITY. THE PARENT. LAWFUL GUARDL\N, 
OR OTHER ADULT PERSON HAVING CARE OR 
CUSTODY OF THE MINOR SHALL BE NOTIFIED TO 
COME AND TAKE CHARGE OF THE MINOR. 

(2) IF THE PARENT. LAWFUL GUARDLAN OR 
OTHER ADULT PERSON REFERRED TO ABOVE CANNOT 
BE LOCATED OR FAILS TO COME AND TAKE CHARGE 
OF THE MINOR, THE MINOR AND THE PARENT. 
LAWFUL GUARDD\N OR OTHER ADULT PERSON 
REFERRED TO ABOVE SHALL BE SUBJECT TO THE 
PENALTIES SET FORTH IN SUBSECTION (B) HEREOF. 



547 



Ord. No. 420 



[(b) Any parent who shall violate any provision of 
Section 94 after having received notice of a prior 
violation occurring within the preceding 12 months may 
be fined not less than $5, or more than $100 for each 
violation, and may be imprisoned for not more that 10 
days if the fine not paid.] 

(B) AT THE TIME A MINOR IS DELIVERED TO A 
PARENT OR GUARDIAN AT THE HOME OF THE MINOR 
OR AT THE JUVENILE HOLDING CENTER FOR THE 
FIRST TIME, A PARENT OR GUARDL\N SHALL BE 
^ ISSUED A $50 CITATION. UPON ANY SUBSEQUENT 

^' CONVICTION, A PARENT OR GUARDL^iN SHALL BE 

X SUBJECT TO ONE OR MORE OF THE FOLLOWING IN 

^ THE DISCRETION OF THE COURT: A FINE NOT TO 

:^ EXCEED $300 AND COSTS; IMPRISONMENT IN THE 

^ CITY JAIL FOR NOT MORE THAN 60 DAYS; WORK ON 

6 • THE PUBLIC STREETS OR ON PUBUC WORKS OF THE 

5 iV CITY FOR NOT MORE THAN 60 DAYS . 

C-«^ SEC. 2. AND BE IT FURTHER ORDAINED, That this 

'jD^ ordinance shall take effect on the 30th day aft e r th e date 

* * : of its enactment. 

Approved July 28, 1994 

KURT L SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 420 

(CouncU Bill No. 842) 

AN ORDINANCE concerning 

CITY SCHOOL - NAME CHANGE 

FOR the purpose of changing the name of Fairmont- 
Harford Institute to Fairmont-Harford High School. 



548 



Ord. No. 421 



WHEREAS, The students of Fairmont-Harford Institute 
have petitioned to have the name of their school changed 
from Fairmont-Harford Institute to Fairmont-Harford High 
School; and 

WHEREAS, The Principal of Fairmont-Harford 
Institute, Ms. Elaine White, supports the efforts of her 
students; now, therefore 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the name of 
Fairmont-Harford Institute (#456) be and it is hereby 
changed and shall hereafter be known as Fairmont- 
Harford High School. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on September 1, 1994. 

Approved August 22, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 421 

(Council Bill No. 841) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 

PARKING LOT IN THE PARKING LOT DISTRICT - 

215 E. FAYETTE STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the property known as 215 
E. Fayette Street, as outlined in red on the plat 
accompanying this ordinance , subiect to certain 
conditions . 

BY authority of 

Article 30 - Zoning 



549 



Ord. No. 421 



Section(s) 9.0-3d and 11.0-6d 
Baltimore Qty Gxie (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of an open off-street parking area on the 
property known as 215 E. Fayette Street, as outlined in 
red on the plat accompanying this ordinance, under the 
^, provisions of Sections 9.0-3d and 11.0-6d of Article 30 of 

^ the Baltimore Qty Code (1983 Replacement Volume, as 

(i amended), title "Zoning". 



I 

^ 

^ 



SEC. 2. AND BE IT FURTHER ORDAINED, That 
approval for an open off-street parking area at 215 E. 
Fayette Street is granted subject to the following 
$>'', co ndition s: 

H 



1. The owners of the parking lot are required 



J^y to install hedging and maintain fencing, trees, hedges and 

51^; landscaping as shown on a site plan approved by the 

Planning Department; and 

2. This conditional use approval shall expire 
three years from the date of its enactment. 



SEC. 23. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plat to the following: the Board 
of Municipal and Zoning Appeals, the Planning 
Cbmmission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 



550 



Ord. No. 422 



SEC. 34. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. It shall remain effective for a period of 
3 years and, at the end of that time, with no further 
action required by the Gty Council, this ordinance shall 
be abrogated and of no further force and effect. 

Approved October 20, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 422 

(CouncU BUI No. 795) 

AN ORDINANCE concerning 

REZONING - E. FORT AVENUE, AND HAUBERT, 
HULL, ANDRE AND REYNOLDS STREETS 

FOR the purpose of changing the zoning for the 

properties outlined in red from B-3-2 Zoning District to 
the B-2-2 Zoning District, the properties outlined in 
orange from the B-3-2 Zoning District to the B-1-2 
Zoning District, the properties outlined in blue from 
the B-3-2 Zoning District to the R-8 Zoning District, 
the properties outlined in green from the B-3-2 Zoning 
District to the M-1 Zoning District and the properties 
outlined in yellow from the B-3-2 Zoning District to 
the M-3 Zoning District. 

BY amending Zoning District Maps 
Sheets No. 67 and 11 
Article 30 - Zoning 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheets No. 67 and 
11 of the Zoning District Maps of Article 30-Zoning of 
the Baltimore Qty Code (1983 Replacement Volume, as 



551 






Ord. No. 422 



amended) title "Zoning" be and they are hereby amended 
by changing from the B-3-2 Zoning District to the B-1-2 
Zoning District the properties known as 1230, 1348. 
1350, 1600, 1624, 1626, and 1648 East Fort Avenue, and 
1462 Andre Street as outlined in orange; from the B-3-2 
to the B-2-2 Zoning District the properties known as 
1426, 1428, 1430, 1432, 1433, 1434, 1435, 1436, 1437, 
1438, 1439, 1440, 1442, 1501 1505 1500, 1501, 1502. 
1503, 1504, 1505, 1506, 1507, 1508, 1509, 1510, 1511, 
1512, 1513, 1514, 1515, 1516, 1517, 1518, 1519, 1520, 
^. 1521, 1522, 1700-1704, 1706, 1708 E. Fort Avenue, 1454 

^ Hull Street, and 1476 Reynolds Street as outlined in red; 

<^ from the B-3-2 Zoning District to the R-8 Zoning District 

^ the properties known as iSSOj 1232, 1234, 1236, 1238, 

1240, 1242, 1244, 1312, 1314, 1316, 1330, 1332, 1334, 

1336, 1338, 1340, 1342, 1344, 1346, 13^8, 1350, 1400, 

1402, 1404, 1406, 1408, 1410, 1412, 1414, 1416, 1418, 

5 IJ . 1420, 1500, 1502, 150^, 1506, 1507, 1508, 1509, 1510, 

2j:? 1511, 1512, 1513, 151^, 1515, 1516, 1517, 1518, 1519, 

;:!- 1520, 1521, 1522 1600, 1602, 1604, 1606, 1608, 1610, 

• je^ 1612, 1614, 1616, 1618, 1620, 1622, 162^, 1626, 1628, 

;;;; 1630, 1632, 1634, 1636, 1638, 1640, 1642, 1644, 1646, 

4448 E. Fort Avenue, 1445 Haubert Street, 1452 and 
1459 Hull Street, 1^62Andro Stroot, and 1477 Reynolds 
Street as outlined in blue; from the B-3-2 Zoning District 
to the M-1 Zoning District the property known as 1318 E. 
Fort Avenue and outlined in green; and from the B-3-2 
Zoning District to the M-3 Zoning District the properties 
known as 1246, 1252-1308, and 1310 E. Fort Avenue and 
outlined in yellow as shown on the plat accompanying 
this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 



552 



Ord. No. 423 



Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

1313> 131^, 1316, 1318, 1330, 1332, 133^, 1336, 1338> 
13^0, 13^3, 13^^, 13^6, 13^8, 1350, 1100, 1^02, 1^01, 
1106, 1108, 1110, 1112, IW, 1116, 1118, 1120, 1500, 
1502, 1501, 1506, 1507, 1508, 1509, 1510, 1511, 1512, 
1513, 1511, 1515, 1516, 1517, 1518, 1519, 1520, 1521, 
1522 1600, 1602, 1601, 1606, 1608, 1610, 1612, 1611, 
1616, 1618, 1620, 1622, 1621, 1626, 1628, 1630, 1632, 
1631, 1636, 1638, 1610, 1612, 1611, 1616, 1618 E. Fort 
Avonuo, 1115 Haubort Stroot, 1152, 1159 Hull Stroot, 
1162 Andr e Str e et, and 1177 R e ynolds Str ee t 



y e llow 1216, 1310, and 1312 E. Fort Avenu e 

r e d 1126, 1128, 1130, 1132, 1131, 1136, 1138, 1110, 
1112, 1133, 1135, 1137, 1139, 

gr ee n 1318 E. Forct 

Approved November 7, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 423 

(Council BiU No. 868) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE 
PARKING LOT - 4020 E. PRATT STREET 



553 



Ord. No. 423 



FOR the purpose of granting permission for the 

establishment, maintenance and operation of an open 
off-street parking area on the property known as 4020 
E. Pratt Street, as outlined in red on the plats 
accompanying this ordinance, subject to certain 
conditions. 

BY adding 

Article 30 - Zoning 

Section(s) 6.1-ld-l and 11.0-6d 

^, Baltimore Qty Code (1983 Replacement Volume, as 

^ amended) 

% 

^ SECTION 1. BE IT ORDAINED BY THE MAYOR AND 

^ CITY COUNCIL OF BALTIMORE, That permission is 

x: hereby granted for the establishment, maintenance and 

^ ^ operation of an open off-street parking area on the 

g^ . property known as 4020 E. Pratt Street as outlined in red 

J on the plats accompanying this ordinance, under the 

provisions of Section(s) 6.1-ld-l and 11.0-6d of Article 

•P^^ 30 of the Baltimore Qty Code (1983 Replacement 

1^; Volume, as amended), tide "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 
in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: the 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 
Assessments for Baltimore Qty, and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That diis 
ordinance shall take effect on the 30th day after the date 
of its enactment. 



t 



554 



Ord. No. 424 



Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 424 

(CouncU Bill No. 869) 

AN ORDINANCE concerning 

ZONING - APPROVAL FOR CONDITIONAL USE HOUSING 

FOR THE ELDERLY 

4001-4003 4021 E. LOMBARD STREET 

FOR the purpose of granting permission for the 

establishment, maintenance and operation of housing 
for the elderly with a maximum of 74 units on the 
property known as 4001 4023 4021 E. Lombard Street, 
as outlined in red on the plats accompanying this 
ordinance. 

BY authority of 

Article 30 - Zoning 

Sections 6.1 Id 5 6.1-ld-3 and 11.0-6d 
Baltimore Qty Code (1983 Replacement Volimie, as 
amended) 

SECTION. 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That permission is 
hereby granted for the establishment, maintenance and 
operation of housing for the elderly with a maximum of 
74 units on the property known as 4001-4033 4021 E. 
Lombard Street, as outlined in red on the plats 
accompanying this ordinance, under the provisions of 
Sections 6.1 Id 5 6.1-ld-3 and 11.0-6d of Article 30 of 
the Baltimore Qty Code (1983 Replacement Volume, as 
amended) tided "Zoning". 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 
passage of this ordinance by the Qty Council, as evidence 
of the authenticity of the plat which is a part hereof and 



555 



Ord. No. 425 



in order to give notice to the departments which are 
administering the Zoning Ordinance, the President of the 
Qty Council shall sign the plat and when the Mayor 
approves the ordinance, he shall sign the plat. The 
Director of Finance shall then transmit a copy of the 
ordinance and one of the plats to the following: The 
Board of Municipal and Zoning Appeals, the Planning 
Commission, the Commissioner of the Department of 
Housing and Community Development, the Supervisor of 

^ Assessments for Baltimore Qty and the Zoning 

^. Administrator. 

% 

^ SEC. 3. AND BE IT FURTHER ORDAINED, That this 

^ ordinance shall take effect on the 30th day after the date 

•^ of its enactment. 



rib 



Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



?^ ' CITY OF BALTIMORE 

ORDINANCE NO. 425 

(Council Bill No. 898) 

AN ORDINANCE concerning 

CITY STREET - OPENING AN ALLEY, 10 FEET WIDE, 
AND AN ALLEY, 9 FEET WIDE 

FOR the purpose of condemning and opening (1) an 
alley, 10 feet wide, laid out 90 feet east of Edgewood 
Street, extending from Harlem Avenue Southerly 272.5 
feet, more or less, to a 12 foot alley and (2) an alley, 9 
feet wide, laid out 175 feet west of Denison Street, 
extending from a 15 foot alley Northerly 48 feet, more 
or less, to the end thereof in accordance with a plat 
thereof numbered 308-A-9F prepared by the Survey 
Control Section and filed in the Office of the 
Department of Public Works, on the Twenty-Third 
(23rd) day of April, 1993. 



556 



Ord. No. 425 



BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and is hereby authorized and directed to 
condenm and open (1) an alley, 10 feet wide, laid out 90 
feet east of Edgewood Street, extending from Harlem 
Avenue Southerly 272.5 feet, more or less, to a 12 foot 
alley and (2) an alley, 9 feet wide, laid out 175 feet west 
of Denison Street, extending from a 15 foot alley 
Northerly 48 feet, more or less, to the end thereof; the 
alleys hereby directed to be condemned for said opening 
being described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the south side of Harlem Avenue, 56 feet 
wide, and the west side of an alley, 10 feet wide, laid out 
90 feet east of Edgewood Street, 66 feet wide, and 
running thence binding on the south side of said Harlem 
Avenue, Easterly 10 feet, to intersect the east side of said 
10 foot alley; thence binding on the east side of said 10 
foot alley. Southerly 269.50 feet, to intersect the north 
side of a 15 foot alley, laid out 105 feet north of 
Edmondson Avenue, 100 feet wide; thence by a straight 
line. Southwesterly 12 feet, more or less, to die point 
formed by the intersection of the west side of said 10 foot 
alley and an alley, 12 feet wide, laid out 102 feet north of 
Edmondson Avenue, 100 feet wide, and thence binding 
on the west side of said 10 foot alley. Northerly 275.50 
feet to the place of beginning. 

Beginning for Parcel No. 2 at the point formed by the 
intersection of the north side of an alley, 15 feet wide, 
laid out 105 feet north of Edmondson Avenue, 100 feet 
wide, and the east side of an alley, 9 feet wide, laid out 
175 feet west of Denison Street, 66 feet wide, and 
running thence binding on the north side of said 15 foot 
alley. Westerly 9 feet, to intersect the west side of said 9 



557 



Ord. No. 426 



foot alley; thence binding on the west side of said 9 foot 
alley, Northerly 48 feet, to the end thereof; thence 
binding on the northernmost extremity of said 9 foot 
alley, Easterly 9 feet, to the east side of said 9 foot alley, 
and thence binding on the east side of said 9 foot alley, 
Southerly 48 feet to the place of beginning. 

The said 10 foot alley and 9 foot alley as directed to 
be condemned being more particularly described and 
referred to among the Land Records of Baltimore Qty and 
^' delineated and particularly shown on a plat numbered 

^ 308-A-9F which was filed in the Office of the Department 

aSc of Public Works on the Twenty-Third (23rd) day of April 

(^ in the year 1993 and is now on file in said office. 



^ 



^ 






SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 



2^ • reference to the condemnation and opening of said 10 

^y-J foot alley and 9 foot alley and the proceedings and rights 

X"^ o^ ^1 parties interested or affected thereby, shall be 

'?^.-' regulated by, and be in accordance with, any and all 

\ ^ , applicable provisions of Article 4 of the Code of Public 

Local Laws of Maryland and the Charter of Baltimore Qty 
(1964 Revision, as amended) and any and all 
amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all 
ordinances of the Mayor and Qty Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 426 
(Council Bill No. 899) 



558 



Ord. No. 426 



AN ORDINANCE concerning 

CITY STREET - CLOSING AN ALLEY, 10 FEET WIDE, 
AND AN ALLEY, 9 FEET WIDE 

FOR the purpose of condemning and closing (1) an alley, 
10 feet wide, laid out 90 feet east of Edgewood Street, 
extending from the south outline of No. 619 Edgewood 
Street, Southerly 171 feet, more or less, to a point 11 
feet south of the south outline of No. 603 Edgewood 
Street, and (2) an alley, 9 feet wide, laid out 175 feet 
west of Denison Street, extending from a 15 foot alley, 
Northerly 48 feet, more or less, to the end thereof in 
accordance with a plat thereof numbered 308-A-9G 
prepared by the Survey Control Section and filed in 
the Office of the Department of Public Works, on the 
Twenty-Third (23rd) day of April, 1993. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close (1) an alley, 10 feet wide, laid out 
90 feet east of Edgewood Street, extending from the 
south outline of No. 619 Edgewood Street, Southerly 171 
feet, more or less, to a point 11 feet south of the south 
outline of No. 603 Edgewood Street, and (2) an alley, 9 
feet wide, laid out 175 feet west of Denison Street, 
extending from a 15 foot alley, Northerly 48 feet, more or 
less, to the end thereof; the alleys hereby directed to be 
condenmed for said closing being described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the west side of an alley, 10 feet wide, laid 
out 90 feet east of Edgewood Street, 66 feet wide, and 
the south outline of the property known as No. 619 N. 
Edgewood Street, and running thence binding on the line 



559 



Ord. No. 426 



of the south outline of the property known as No. 619 N. 
Edgewood Street, if projected easterly, Easterly 10 feet, to 
intersect the east side of said 10 foot alley; thence 
binding on the east side of said 10 foot alley, Southerly 
171 feet, more or less, to intersect a line drawn parallel 
with and distant 11.00 feet southerly from the south 
outline of the property known as No. 603 N. Edgewood 
Street; thence binding on last said line so drawn. 
Westerly 10 feet, to intersect the west side of said 10 foot 
^ alley, and thence binding on the west side of said 10 foot 

^ alley, Northerly 171 feet, more or less, to the place of 

^ beginning. 

jf Beginning for Parcel No. 2 at the point formed by the 

^ intersection of the north side of an alley, 15 feet wide, 

^ laid out 105 feet north of Edmondson Avenue, 100 feet 

^ \ wide, and the east side of an alley, 9 feet wide, laid out 

^^. 175 feet west of Denison Street, 66 feet wide, and 

^J running thence binding on the north side of said 15 foot 

^--' alley, Westerly 9 feet, to intersect the west side of said 9 

5J' ^oot alley; thence binding on the west side of said 9 foot 

X^ alley, Northerly 48 feet, to the end thereof; thence 

binding on the northernmost extremity of said 9 foot 
alley, Easterly 9 feet, to the east side of said 9 foot alley, 
and thence binding on the east side of said 9 foot alley, 
Southerly 48 feet to the place of beginning. 

The said 10 foot alley and 9 foot alley as directed to 
be condemned being more particularly described and 
referred to among the Land Records of Baltimore Qty and 
delineated and particularly shown on a plat numbered 
308-A-9G which was filed in the Office of the Department 
of Public Works on the Twenty-Third (23rd) day of April 
in the year 1993 and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Qty 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and Qty Council of Baltimore, and in the event 



560 



Ord. No. 426 



that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this Ordinance until the subsurface structures and 
appurtenances now owned by the Mayor and Qty Coimcil 
of Baltimore, over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance v^th the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 

the expense of the person or persons or body corporate * , 

desiring to erect such buildings or structures. Railroad ^;i 

tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed imder 
the provisions of this ordinance, all subsurface structures 
and appurtenances owned by any person, firm or 
corporation, other than the Mayor and Qty Council of 
Baltimore, shall upon notice from the Director of Public 
Works of Baltimore Qty, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 



561 



Ord. No. 427 



permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condemnation and closing of said 10 foot 
alley and 9 foot alley and the proceedings and rights of 
all parties interested or affected thereby, shall be 
regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public 
^ Local Laws of Maryland and the Charter of Baltimore Qty 

^ (1964 Revision, as amended) and any and all 

X amendments thereto, and any and all other Acts of the 

c/ General Assembly of Maryland, and any and all 

< ordinances of the Mayor and Qty Council of Baltimore, 

^ and any and all rules or regulations in effect which have 

^^, been adopted by the Director of Public Works and filed 

5^ . with the Department of Legislative Reference. 



di 



11 

'•5J. Ordinance shall take effect on the date of its enactment. 



SEC. 7. AND BE IT FURTHER ORDAINED, That this 
dinance shall take effect on 

Approved November 16, 1994 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 427 

(Council Bill No. 900) 

AN ORDINANCE concerning 

CITY STREET - OPENING A PORTION OF PONCA 

STREET, PONCA STREET AND 
A TIUANGULAR PORTION OF EASTERN AVENUE 

FOR the purpose of condemning and opening of (1) a 
portion of Ponca Street, contiguous to the east side 
thereof extending from Eastern Avenue, North 
OS^OO'OO" West 233 feet, more or less, (2) Ponca 



562 



Ord. No. 427 



Street, distant North 03°00'00" West 339.34 feet, 
measured along the west side of Ponca Street from 
Eastern Avenue extending North 03°00'00'' West 645 
feet, more or less, (3) Ponca Street, extending from 
Lombard Street, Southerly 640 feet, more or less, and 
(4) a triangular portion of Eastern Avenue, contiguous 
to the northeast comer of Eastern Avenue and Ponca 
Street in accordance with a plat thereof numbered 
348-A-22F prepared by the Survey Control Section and 
filed in the Office of the Department of Public Works, 
on the Ninth (9th) day of March, 1993. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and is hereby authorized and directed to 
condemn and open (1) a portion of Ponca Street, 
contiguous to the east side thereof extending from 
Eastern Avenue, North 03°00'00" West 233 feet, more or 
less, (2) Ponca Street, distant North 03**00'00'' West 
339.34 feet, measured along the west side of Ponca Street 
from Eastern Avenue extending North 03*'00'00" West 645 
feet, more or less, (3) Ponca Street, extending from 
Lombard Street, Southerly 640 feet, more or less, and (4) 
a triangular portion of Eastern Avenue, contiguous to the 
northeast comer of Eastern Avenue and Ponca Street; the 
portion of Ponca Street, Ponca Street and a triangular 
portion of Eastern Avenue hereby directed to be 
condemned for said opening being described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the east side of Ponca Street, 70 feet wide 
and the north side of proposed Eastern Avenue, varying in 
width, and running thence binding on the north side of 
said proposed Eastem Avenue, South 86°59'40" West 7.00 
feet to intersect a line drawn parallel with and distant 
7.00 feet westerly measured at right angles from the east 



563 



Ord. No. 427 



side of said Ponca Street; thence binding on said line so 
drawn, North OS^'OO'DO" West 222.33 feet; thence by a 
line curving to the right with a radius of 32.50 feet the 
distance of 21.74 feet which arc is subtended by a chord 
bearing North 16*'09'40'' East 21.33 feet to intersect the 
east side of said Ponca Street and thence binding on the 
east side of said Ponca Street, South 03*'00'00" East 
242.48 feet to the place of beginning. 

^ Beginning for Parcel No. 2 at a point on the west side 

^ of Ponca Street, 70 feet wide, distant North 03^00*00'' 

^ West 339.34 feet measured along the west side of said 

Gc Ponca Street from the north side of Eastern Avenue, 70 

^ feet wide, and running thence binding on the west side of 

^ said Ponca Street, North 03°00'00" West 714.25 feet; 

^ thence by a straight line. South 29°46'10'' East 155.44 

feet to intersect the east side of said Ponca Street; thence 
binding on the east side of said Ponca Street, South 
03°00'00" East 575.62 feet and thence by another straight 
hne South 87^0712" West 70.01 feet to the place of 



0^ 



*5?* beginning. 



Beginning for Parcel No. 3 at the point formed by the 
intersection of the south side of Lombard Street, varying 
in width, and the southeast side of Ponca Street, varying 
in width, and running thence binding on the southeast 
side of said Ponca Street, by a line curving to the left with 
a radius of 189.02 feet the distance of 283.69 feet which 
arc is subtended by a chord bearing South 39°59'50'' West 
257.81 feet; thence binding on the east side of Ponca 
Street, 70 feet wide. South 03°00'00" East 355.90 feet; 
thence by straight lines the two following courses and 
distances; namely. North 29°46'10" West 61.91 feet and 
North 35°28'30" West 38.12 feet; thence by a line curving 
to the right with a radius of 594.62 feet the distance of 
63.14 feet which arc is subtended by a chord bearing 
North 23°04'10'' West 63.11 feet to intersect the west side 
of last said Ponca Street; thence binding on the west side 
of last said Ponca Street, North 03^00'00" West 209.19 
feet; thence binding on the west side of Ponca Street, 
varying in width, by a line curving to the left with a 
radius of 199.77 feet the distance of 58.95 feet which arc 
is subtended by a chord bearing North ll'*27'08'' West 



564 



Ord. No. 427 



58.73 feet; thence by straight lines the two following 
courses and distances; namely, North 01**23*06'' East 
90.51 feet and North 44n3'00'' East 59.83 feet to 
intersect the south side of said Lombard Street and thence 
binding on the south side of said Lombard Street, North 
87°07'00" East 203.63 feet to the place of beginning. 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the east side of Ponca Street, 70 feet wide 
and the northeast side of Eastern Avenue, varying in 
width, and nmning thence binding on the northeast side 
of said Eastern Avenue, by a line curving to the left with 
a radius of 200.00 feet the distance of 287.76 feet which 
arc is subtended by a chord bearing South 44*13'09.5'' 
East 263.58 feet; thence by straight lines the two 
following courses and distances; namely. South 02*'52'48*' 
East 5.49 feet and South 86**59'40" West 173.67 feet to 
intersect the east side of said Ponca Street and thence 
binding on the east side of said Ponca Street, North 
03*00'00" West 203.76 feet to the place of beginning. 

All courses and distances in the above descriptions are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The said portion of Ponca Street, Ponca Street and a 
triangular portion of Eastern Avenue as directed to be 
condemned being delineated and particularly shown on a 
plat numbered 348-A-22F which was filed in the Office of 
the Department of Public Works on the Ninth (9th) day of 
March in the year 1993 and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said 
portion of Ponca Street, Ponca Street and a triangular 
portion of Eastern Avenue and the proceedings and rights 
of all parties interested or affected thereby, shall be 
regulated by, and be in accordance with, any and all 
applicable provisions of Article 4 of the Code of Public 
Local Laws of Maryland and the Charter of Baltimore Qty 
(1964 Revision, as amended) and any and all 
amendments thereto, and any and all other Acts of the 



565 



I 



2^ 



Ord. No. 428 

General Assembly of Maryland, and any and all 
ordinances of the Mayor and Qty Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



k CITY OF BALTIMORE 

ORDINANCE NO. 428 

(Council Bill No. 901) 

AN ORDINANCE concerning 

'•2 J: CITY STREET - CLOSING A PORTION OF PONCA 

•;^ STREET, PONCA STREET AND 

A TRLflJMGULAR PORTION OF EASTERN AVENUE 

FOR the purpose of condemning and closing of (1) a 
portion of Ponca Street, contiguous to the east side 
thereof extending from Eastern Avenue, North 
OS^OO'OO" West 233 feet, more or less, (2) Ponca 
Street, distant North OS^OO'OO" West 339.34 feet, 
measured along the west side of Ponca Street from 
Eastern Avenue extending North 03°00'00'' West 645 
feet, more or less, (3) Ponca Street, extending from 
Lombard Street, Southerly 640 feet, more or less, and 
(4) a triangular portion of Eastern Avenue, contiguous 
to the northeast comer of Eastern Avenue and Ponca 
Street in accordance with a plat thereof numbered 
348-A-22G prepared by the Survey Control Section and 
filed in the Office of the Department of Public Works, 
on the Ninth (9th) day of March, 1993. 

BY authority of 

Article I - General Provisions 
Section 4 



566 



Ord. No. 428 



Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close (1) a portion of Ponca Street, 
contiguous to the east side thereof extending from 
Eastern Avenue, North 03°00'00'' West 233 feet, more or 
less, (2) Ponca Street, distant North 03**00'00'' West 
339.34 feet, measured along the west side of Ponca Street 
from Eastern Avenue extending North 03'*00'00'' West 645 
feet, more or less, (3) Ponca Street, extending firom 
Lombard Street, Southerly 640 feet, more or less, and (4) 
a triangular portion of Eastern Avenue, contiguous to the 
northeast comer of Eastern Avenue and Ponca Street; the 
portion of Ponca Street, Ponca Street and a triangular 
portion of Eastern Avenue hereby directed to be 
condemned for said closing being described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the east side of Ponca Street, 70 feet wide 
and the north side of proposed Eastern Avenue, varying in 
width, and running thence binding on the north side of 
said proposed Eastern Avenue, South 86**59'40'' West 7.00 
feet to intersect a line drawn parallel with and distant 
7.00 feet westerly measured at right angles from the east 
side of said Ponca Street; thence binding on said line so 
drawn. North 03*'00'00" West 222.33 feet; thence by a 
line curving to the right with a radius of 32.50 feet the 
distance of 21.74 feet which arc is subtended by a chord 
bearing North 16°09'40'' East 21.33 feet to intersect the 
east side of said Ponca Street and thence binding on the 
east side of said Ponca Street, South 03°00'00" East 
242.48 feet to the place of begirming. 

Begiiming for Parcel No. 2 at a point on the west side 
of Ponca Street, 70 feet wide, distant North 03°00'00'' 
West 339.34 feet measured along the west side of said 
Ponca Street from the north side of Eastern Avenue, 70 
feet wide, and ruiming thence binding on the west side of 
said Ponca Street, North 03**00'00" West 714.25 feet; 



567 



^ 



y 



<:?". 



•" 



Ord. No. 428 



thence by a straight line, South 29°46'10'' East 155.44 
feet to intersect the east side of said Ponca Street; thence 
binding on the east side of said Ponca Street, South 
03°00'00" East 575.62 feet and thence by another straight 
line South ^TWVT West 70.01 feet to the place of 
beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the south side of Lombard Street, varying 
in width, and the southeast side of Ponca Street, varying 
^ in width, and running thence binding on the southeast 

^ side of said Ponca Street, by a line curving to the left with 

^ a radius of 189.02 feet the distance of 283.69 feet which 

i^ arc is subtended by a chord bearing South 39'*59'50'' West 

257.81 feet; thence binding on the east side of Ponca 
Street, 70 feet wide. South 03**00'00'' East 355.90 feet; 
thence by straight lines the two following courses and 
distances; namely, North 29°46'10" West 61.91 feet and 
North 35^28'30" West 38.12 feet; thence by a line curving 
to the right v^th a radius of 594.62 feet the distance of 
*^J.' 63.14 feet which arc is subtended by a chord bearing 

North 23*04'10" West 63.11 feet to intersect the west side 
of last said Ponca Street; thence binding on the west side 
of last said Ponca Street, North 03°00'00'' West 209.19 
feet; thence binding on the west side of Ponca Street, 
varying in width, by a line curving to the left with a 
radius of 199.77 feet the distance of 58.95 feet which arc 
is subtended by a chord bearing North 11°27'08" West 
58.73 feet; thence by straight lines the two following 
courses and distances; namely. North 01°23'06" East 
90.51 feet and North 44^3*00'' East 59.83 feet to 
intersect the south side of said Lombard Street and thence 
binding on the south side of said Lombard Street, North 
87°0700" East 203.63 feet to the place of beginning. . 

Beginning for Parcel No. 4 at the point formed by the 
intersection of the east side of Ponca Street, 70 feet wide 
and the northeast side of Eastern Avenue, varying in 
width, and running thence binding on the northeast side 
of said Eastern Avenue, by a line curving to the left with 
a radius of 200.00 feet the distance of 287.76 feet which 
arc is subtended by a chord bearing South 44°13'09.5'' 
East 263.58 feet; thence by straight lines the two 



568 



Ord. No. 428 



following courses and distances; namely, South 02'*52*48'' 
East 5.49 feet and South 86*59'40" West 173.67 feet to 
intersect the east side of said Ponca Street and thence 
binding on the east side of said Ponca Street, North 
03°00'00" West 203.76 feet to the place of beginnmg. 

All courses and distances in the above descriptions are 
referred to as true meridian as adopted by the Baltimore 
Survey Control System. 

The said portion of Ponca Street, Ponca Street and a 
triangular portion of Eastern Avenue as directed to be 
condenmed being delineated and particularly shown on a 
plat numbered 348-A-22G which was filed in the Office of 
the Department of Public Works on the Ninth (9th) day of 
March in the year 1993 and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed imder 
the provisions of this Ordinance, all subsiuface structures 
and appurtenances now owned by the Mayor and Qty 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and Qty Coimcil of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and Qty Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty Coimcil of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this Ordinance until the subsurface structures and 
appurtenances now owned by the Mayor and Qty Council 
of Baltimore, over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 



569 



Ord. No. 428 



accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 
the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
^ the provisions of this ordinance, all subsiuface structures 

^ and appurtenances owned by any person, firm or 

^ corporation, other than the Mayor and Qty Council of 

X Baltimore, shall upon notice from the Director of Public 

(^ Works of Baltimore Qty, be promptly removed by and at 

^ the expense of the said owners. 

^^, SEC. 5. AND BE IT FURTHER ORDAINED, That on 

^ . and after the closing of said highway or highways, the 

^J said Mayor and Qty Cotmcil of Baltimore, acting through 

i-'*^ its duly authorized representatives, shall, at all times, 

*-5J; have access to said property and to all subsurface 

i;r* structures and appurtenances used by it therein, for the 

purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structiures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condenmation and closing of said portion 
of Ponca Street, Ponca Street and a triangular portion of 
Eastern Avenue and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated 
by, and be in accordance with, any and all applicable 
provisions of Article 4 of the Code of Public Local Laws of 
Maryland and the Charter of Baltimore Qty (1964 
Revision, as amended) and any and all amendments 
thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and Qty Council of Baltimore, and any and all 
rules or regulations in effect which have been adopted by 



570 



Ord. No. 429 



the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 429 

(Council Bill No. 902) 

AN ORDINANCE concerning 

CITY STREET - OPENING OF BUREN STREET AND 
A PORTION OF MONUMENT STREET 

FOR the purpose of condemning and opening Buren 
Street, 60 feet wide, extending from Monument Street, 
Southerly 130 feet, more or less, to Terminal Street, 
and a portion of Monument Street, contiguous to the 
south side thereof, extending from a point 13.23 feet 
east of the west side of Buren Street Easterly 83 feet, 
more or less, in accordance with a plat thereof 
numbered 348-A-25 prepared by the Survey Control 
Section and filed in the Office of the Department of 
Public Works, on the Nineteenth (19th) day of May, 
1993. 

BY authority of 

Article I - (Jeneral Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and is hereby authorized and directed to 



571 



Ord. No. 429 



condemn and open Buren Street, 60 feet wide, extending 
from Monument Street, Southerly 130 feet, more or less, 
to Terminal Street, and a portion of Monument Street, 
contiguous to the south side thereof, extending from a 
point 13.23 feet east of the west side of Buren Street 
Easterly 83 feet, more or less; the said Buren Street and 
portion of Monument Street hereby directed to be 
condenmed for said opening being described as follows: 

Beginning for Parcel No. 1 at the point formed by the 

^ intersection of the west side of Buren Street, 60 feet wide, 

^ and the south side of Monument Street, 66 feet wide, and 

\c running thence binding on the south side of said 

(^ Monument Street, N87'03'00"E 60 feet, more or less, to 

^ intersect the east side of said Buren Street; thence 

^ binding on the east side of said Buren Street, S09*'29*10'^ 

^^, 126 feet, more or less, to the north side of Terminal 

5^ , Street, 30 feet wide; thence binding on the north side of 



<^ 



^J said Terminal Street, Westerly 60 feet, more or less, to 

[-''^ intersect the west side of said Buren Street, and thence 

'•5?:. binding on the west side of said Buren Street, 

U^ N09*29'10"W 133.67 feet to the place of beginning. 

Beginning for Parcel No. 2 at a point on the south side 
of Monimient Street, 66 feet wide, said point of beginning 
being distant 13.23 feet east of the west side of Buren 
Street, 60 feet wide, and running thence by straight lines 
the three following courses and distances; namely, 
N09*'29'10'W 1.96 feet, N50°30'50"E 28.47 feet and 
N87''05'40"E 35.95 feet; thence by a Une curving to the 
right with a radius of 40.00 feet the distance of 35.93 feet 
which arc is subtended by a chord bearing S67°10'23.2'^ 
34.73 feet; thence southwesterly by a line curving to the 
left with a radius of 346.00 feet the distance of 7 feet, 
more or less, to intersect the south side of said Monument 
Street, and thence binding on the south side of said 
Monument Street, S8r03'00"W 83 feet, more or less, to 
the place of beginning. 

The said Buren Street and portion of Monvunent Street 
as directed to be condenmed being delineated and 
particularly shov^oi on a plat numbered 348-A-25 which 
was filed in the Office of the Department of Public Works 



572 



Ord. No. 430 



on the Nineteenth (19th) day of May in the year 1993 
and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 
reference to the condemnation and opening of said Buren 
Street and portion of Monument Street and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of 
Baltimore Qty (1964 Revision, as amended) and any and 
all amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all 
ordinances of the Mayor and Qty Council of Baltimore, 
and any and all rules or regulations in effect which have 
been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 430 

(Council Bill No. 903) 

AN ORDINANCE concerning 

CITY STREET - CLOSING BUREN STREET 

AND A PORTION OF MONUMENT STREET 

AND A PORTION OF BUREN STREET 

FOR the purpose of condemning and closing (1) Buren 
Street, 60 feet wide, extending from Monument Street, 
Southerly 49 feet, more or less, (2) a portion of 
Monument Street contiguous to the south side thereof, 
extending from a point 13.23 feet east of the west side 



573 



fit 



Old. No. 430 



of Buren Street Easterly 83 feet, more or less, and (3) 
a portion of Buren Street, contiguous to the east side 
thereof, extending from Terminal Street, Northerly 51 
feet, more or less, in accordance with a plat thereof 
numbered 348-A-25A prepared by the Survey Control 
Section and filed in the Office of the Department of 
Public Works, on the Nineteenth (19th) day of May, 
1993. 



^ BY authority of 

^ Article I - General Provisions 

^ Section 4 

\C Article II - General Powers 

iL Sections 2, 34, 35 



Baltimore Qty Charter (1964 Revision, as amended) 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
^ . CITY COUNCIL OF BALTIMORE, That the Department of 

^J Public Works be, and it is hereby authorized and directed 

'y"^ to condemn and close (1) Buren Street, 60 feet wide, 

*$t^ extending from Monument Street, Southerly 49 feet, more 

i;^ or less, (2) a portion of Monument Street contiguous to 

the south side thereof, extending from a point 13.23 feet 
east of the west side of Buren Street Easterly 83 feet, 
more or less, and (3) a portion of Buren Street, 
contiguous to the east side thereof, extending from 
Terminal Street, Northerly 51 feet, more or less; the said 
Buren Street and a portion of Monument Street and 
Buren Street hereby directed to be condemned for said 
closing being described as follows: 

Beginning for Parcel No. 1 at the point formed by the 
intersection of the west side of Buren Street, 60 feet wide, 
and the south side of Monument Street, 66 feet wide, and 
running thence binding on the south side of said 
Monument Street, N8r03'00T 60 feet, more or less, to 
intersect the east side of said Buren Street; thence 
binding on the east side of said Buren Street, S09'29'10T! 
23 feet, more or less; thence southwesterly by a line 
curving to the left with a radius of 346.00 feet the 
distance of 71 feet, more or less; thence by a straight line, 
S38n9'02'W 5.07 feet, to intersect the west side of said 
Buren Street, and thence binding on the west side of said 



574 



Ord. No. 430 



Buren Street, N09*'29'10"W 74.38 feet to the place of 
beginning. 

Beginning for Parcel No. 2 at a point on the south side 
of Monument Street, 66 feet wide, said point of beginning 
being distant 13.23 feet east of the west side of Buren 
Street, 60 feet wide, and running thence by straight lines 
the three following courses and distances; namely, 
N09*'29'10'^V 1.96 feet, N50°30'50"E 28.47 feet and 
N87*05'40''E 35.95 feet; thence by a line curving to the 
right with a radius of 40.00 feet the distance of 35.93 feet 
which arc is subtended by a chord bearing S67**10'23.2"E 
34.73 feet; thence southwesterly by a line curving to the 
left with a radius of 346.00 feet the distance of 7 feet, 
more or less, to intersect the south side of said Monument 
Street, and thence binding on the south side of said 
Monument Street, S8r03'00"W 83 feet, more or less, to 
the place of beginning. 

Beginning for Parcel No. 3 at the point formed by the 
intersection of the east side of Buren Street, 60 feet wide, 
and the north side of Terminal Street, 30 feet wide, and 
running thence binding on the north side of said Terminal 
Street, Westerly 59.9 feet, more or less; thence by a 
straight line, N38''19'02''E 47.47 feet; thence by a line 
curving to the right with a radius of 302.00 feet the 
distance of 31.90 feet which arc is subtended by a chord 
bearing N41°20'34.7''E 31.88 feet to intersect the east side 
of said Buren Street and thence binding on the east side 
of said Buren Street, S09*'29'10"E 51 feet, more or less, to 
the place of beginning. 

The said Buren Street and portion of Moniunent Street 
and portion of Buren Street as directed to be condemned 
being delineated and particularly shown on a plat 
numbered 348-A-25A which was filed in the Office of the 
Department of Public Works on the Nineteenth (19th) day 
of May in the year 1993 and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Gty 



575 






IT,. 



Ord. No. 430 



Council of Baltimore, shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and Qty Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Gty Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 



V: and nature made necessary by such removal, alteration or 

^ interference. 

<i SEC. 3. AND BE IT FURTHER ORDAINED, That no 



buildings or structures of any kind shall be constructed or 
^ erected in said portion of said highway or highways after 

the same shall have been closed under the provisions of 
this Ordinance until the subsurface structures and 
appurtenances now owned by the Mayor and Qty Council 
of Baltimore, over which said buildings or structures are 
tj^ proposed to be constructed or erected shall have been 

ur* abandoned or shall have been removed and relaid in 

accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 
the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after 

said highway or highways shall have been closed under 
the provisions of this ordinance, all subsurface structures 
and appurtenances owned by any person, firm or 
corporation, other than the Mayor and Qty Council of 
Baltimore, shall upon notice from the Director of Public 
Works of Baltimore Qty, be promptly removed by and at 
the expense of the said ov^oiers. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 



576 



Ord. No. 431 



structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condemnation and closing of said Buren 
Street and portion of Monument Street and portion of 
Buren Street and the proceedings and rights of all parties 
interested or affected thereby, shall be regulated by, and 
be in accordance with, any and all applicable provisions 
of Article 4 of the Code of Public Local Laws of Maryland 
and the Charter of Baltimore Qty (1964 Revision, as 
amended) and any and all amendments thereto, and any 
and all other Acts of the General Assembly of Maryland, 
and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 431 

(Council Bill No. 904) 

AN ORDINANCE concerning 

CITY STREET - OPENING BALTIMORE STREET 

FOR the purpose of condemning and opening Baltimore 
Street, extending from Pulaski Street Easterly 151 feet, 
more or less, in accordance with a plat thereof 



577 



^ 



Ord. No. 431 



numbered 348-A-28 prepared by the Survey Control 
Section and filed in the Office of the Department of 
Public Works, on the Tenth (10th) day of November, 
1993. 

BY authority of 

Article I - General Provisions 
Section 4 

Article II - General Powers 
Sections 2, 34, 35 
^ Baltimore Qty Charter (1964 Revision, as amended) 

U SECTION 1. BE IT ORDAINED BY THE MAYOR AND 

^ CITY COUNCIL OF BALTIMORE, That the Department of 

^ Public Works be, and is hereby authorized and directed to 

^ condemn and open Baltimore Street, extending from 

^^, Pulaski Street Easterly 151 feet, more or less; the street 

^. hereby directed to be condenmed for said opening being 

^J described as follows: 

•5j^ Beginning for Parcel No. 1 at the point formed by the 

ur* intersection of the north side of Baltimore Street, 66 feet 

v\dde, and the east side of Pulaski Street, 66 feet wide, 
and running thence binding on the north side of said 
Baltimore Street, Easterly 151 feet, more or less; thence 
by a straight line. Southerly 66 feet, more or less, to 
intersect the south side of said Baltimore Street; thence 
binding on the south side of said Baltimore Street, 
Westerly 151 feet, more or less, to intersect the east side 
of said FHilaski Street and thence binding on the east side 
of said Pulaski Street, Northerly 66 feet to the place of 
beginning. 

The said Baltimore Street as directed to be condenmed 
being more particularly described and referred to among 
the Land Records of Baltimore Qty and delineated and 
particularly shown on a plat numbered 348-A-28 which 
was filed in the Office of the Department of Public Works 
on the Tenth (10th) day of November in the year 1993 
and is now on file in said office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works, with 



578 



Ord. No. 432 



reference to the condemnation and opening of said 
Baltimore Street and the proceedings and rights of all 
parties interested or affected thereby, shall be regulated 
by, and be in accordance with, any and all applicable 
provisions of Article 4 of the Code of Public Local Laws of 
Maryland and the Charter of Baltimore Qty (1964 
Revision, as amended) and any and all amendments 
thereto, and any and all other Acts of the General 
Assembly of Maryland, and any and all ordinances of the 
Mayor and Qty Council of Baltimore, and any and all 
rules or regulations in effect which have been adopted by 
the Director of Public Works and filed with the 
Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 432 

(Council Bill No. 905) 

AN ORDINANCE concerning 

CITY STREET - CLOSING A 2.50 FOOT WIDE 
PORTION OF BALTIMORE STREET 

FOR the purpose of condemning and closing a 2.50 foot 
wide portion of Baltimore Street, contiguous to the 
north side thereof, extending from Pulaski Street 
Easterly 151 feet, more or less, in accordance with a 
plat thereof numbered 348-A-28A prepared by the 
Survey Control Section and filed in the Office of the 
Department of Public Works, on the Tenth (10th) day 
of November, 1993. 

BY authority of 

Article I - General Provisions 



579 





^ 



Ord. No. 432 



Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Qiarter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That tiie Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close a 2.50 foot wide portion of 
Baltimore Street, contiguous to the north side thereof, 
extending from Pulaski Street Easterly 151 feet, more or 

^ less; the street hereby directed to be condemned for said 

\C closing being described as follows: 

% 

^ Beginning for Parcel No. 1 at the point formed by the 

^ intersection of the north side of Baltimore Street, 66 feet 

^^ wide, and the east side of Pulaski Street, 66 feet wide, 

^^. and running thence binding on the north side of said 

^J Baltimore Street, Easterly 151 feet, more or less; thence 

^I'-^ by a straight line. Southerly 2.5 feet, more or less, to 

tJSj^ intersect a line drawn parallel with and distant 2.50 feet 

ur- southerly measured at right angles from the north side of 

said Baltimore Street; thence binding on last said Hne, so 
drawn. Westerly 151 feet, more or less, to intersect the 
east side of said Pulaski Street and thence binding on the 
east side of said Pulaski Street, Northerly 2.50 feet to the 
place of beginning. 

The said 2.50 foot wide portion of Baltimore Street as 
directed to be condemned being delineated and 
particularly shown on a plat numbered 348-A-28A which 
was filed in the Office of the Department of Public Works 
on the Tenth (10th) day of November in the year 1993 
and is now on file in said Office. 

SEC. 2. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed under 
the provisions of this Ordinance, all subsurface structures 
and appurtenances now owned by the Mayor and Qty 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and Qty Council of Baltimore, and in the event 



580 



Ord. No. 432 



that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty G^imcil of Baltimore, 
and shall in the appUcation for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this Ordinance until the subsurface structures and 
appurtenances now owned by the Mayor and Qty Council 
of Baltimore, over which said buildings or structures are 
proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance with the specifications and imder the direction 
of the Director of Public Works of Baltimore Qty, and at 
the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed imder 
the provisions of this ordinance, all subsurface structures 
and appurtenances owned by any person, firm or 
corporation, other than the Mayor and Qty Council of 
Baltimore, shall upon notice from the Director of Public 
Works of Baltimore Qty, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 



581 



Old. No. 433 



permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condemnation and closing of said 2.50 
foot wide portion of Baltimore Street and the proceedings 
and rights of all parties interested or affected thereby, 
shall be regulated by, and be in accordance with, any and 
^ all appUcable provisions of Article 4 of the Gxle of Public 

^ Local Laws of Maryland and the Charter of Baltimore Qty 

^ (1964 Revision, as amended) and any and all 

5^ amendments thereto, and any and all other Acts of the 

jf General Assembly of Maryland, and any and all 

^ ordinances of the Mayor and Qty Coimcil of Baltimore, 

C- . and any and all rules or regulations in effect which have 

^^% been adopted by the Director of Public Works and filed 

"^^ with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



■^ 

'-K^' 
% 

•;^* 



CITY OF BALTIMORE 

ORDINANCE NO. 433 

(Council Bill No. 906) 

AN ORDINANCE concerning 

CITY STREET - OPENING A PORTION OF JONES FALLS 
EXPRESSWAY INTERSTATE ROUTE NO. 83 

FOR the purpose of condemning and opening a portion of 
Jones Falls Expressway Interstate Route No. 83 
contiguous to the northeast side thereof and extending 
from Charles Street southeasterly 200 feet, more or 
less, in accordance with a plat thereof numbered 79-A- 
60 prepared by the Survey Control Section and filed in 



582 



Ord. No. 433 



the Office of the Department of Public Works, on the 
Seventeenth (17th) day of August, 1993. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and is hereby authorized and directed to 
condemn and open a portion of Jones Falls Expressway 
Interstate Route No. 83; the portion of Jones Falls 
Expressway Interstate Route No. 83 hereby directed to be 
condemned for said opening being described as follows: 

Beginning for the same at the point formed by the 
intersection of the east side of Charles Street, 66 feet 
vnde and the right of way line of through highway for 
Jones Falls Expressway Interstate Route No. 83, said point 
of beginning having a coordinate value of West 143.39 
feet and North 3481.03 feet and running thence binding 
on the right of way line of through highway for Jones 
Falls Expressway Interstate Route No. 83 the three 
following courses and distances; namely, South 51''54'07'' 
East 0.60 foot. South 51*'46'39" East 15.80 feet and South 
47**51'30" East 186.81 feet to intersect the realigned right 
of way line of through highway for Jones Falls 
Expressway Interstate Route No. 83; thence binding on 
the realigned right of way line for Jones Falls Expressway 
Interstate Route No. 83 the six following courses and 
distances; namely, North 55°55'30" West 78.86 feet, 
North 54°58'35'' West 7.06 feet, North 54**32'50" West 
1.85 feet, North 37°05'12" East 10.00 feet. North 
54"32'25'' West 95.25 feet and South 38*02'58'' West 9.28 
feet to intersect the east side of said Charles Street and 
thence binding on the east side of said Charles Street, 
North 02°52'05" West 30.29 feet to the place of 
beginning. 



583 



Ord. No. 434 



All courses and coordinates in the above description 
are referred to as true meridian as adopted by the 
Baltimore Survey Control SystenL 

The said portion of Jones Falls Expressway Interstate 
Route No. 83 as directed to be condemned being 
delineated and particularly shown on a plat numbered 79- 
A-60 which was filed in the Office of the Department of 
Public Works on the Seventeenth (17th) day of August in 
^ the year 1993 and is now on file in said office. 

^ SEC. 2. AND BE IT FURTHER ORDAINED, That the 

\< proceedings of said Department of Public Works, with 

(^ reference to the condemnation and opening of said 

^ portion of Jones Falls Expressway Interstate Route No. 83 

^ and the proceedings and rights of all parties interested or 

affected thereby, shall be regulated by, and be in 
accordance v^th, any and all applicable provisions of 
Article 4 of the Code of Public Local Laws of Maryland 
l'"^^ and the Charter of Baltimore Qty (1964 Revision, as 

*•?/'. amended) and any and all amendments thereto, and any 

i;^ and all other Acts of the General Assembly of Maryland, 

and any and all ordinances of the Mayor and Qty Council 
of Baltimore, and any and all rules or regulations in effect 
which have been adopted by the Director of Public Works 
and filed with the Department of Legislative Reference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 






CITY OF BALTIMORE 
ORDINANCE NO. 434 

(Council Bill No. 907) 
AN ORDINANCE concerning 

584 



Ord. No. 434 



CITY STREET - CLOSING A PORTION OF JONES FALLS 
EXPRESSWAY INTERSTATE ROUTE NO. 83 

FOR the purpose of condemning and closing a portion of 
Jones Falls Expressway Interstate Route No. 83 
contiguous to the northeast side thereof and extending 
from Charles Street southeasterly 200 feet, more or 
less, in accordance with a plat thereof numbered 79-A- 
60A prepared by the Survey Control Section and filed 
in the Office of the Department of Public Works, on 
the Seventeenth (17th) day of August, 1993. 

BY authority of 

Article I - General Provisions 

Section 4 

Article II - General Powers 

Sections 2, 34, 35 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Department of 
Public Works be, and it is hereby authorized and directed 
to condemn and close a portion of Jones Falls Expressway 
Interstate Route No. 83; the portion of Jones Falls 
Expressway Interstate Route No. 83 hereby directed to be 
condemned for said closing being described as follows: 

Beginning for the same at the point formed by the 
intersection of the east side of Charles Street, 66 feet 
wide and the right of way line of through highway for 
Jones Falls Expressway Interstate Route No. 83, said point 
of beginning having a coordinate value of West 143.39 
feet and North 3481.03 feet and running thence binding 
on the right of way line of through highway for Jones 
Falls Expressway Interstate Route No. 83 the three 
following courses and distances; namely. South 51°54'07" 
East 0.60 foot. South 51°46'39" East 15.80 feet and South 
47*'51'30'' East 186.81 feet to intersect the realigned right 
of way line of through highway for Jones Falls 
Expressway Interstate Route No. 83; thence binding on 
the realigned right of way line for Jones Falls Expressway 
Interstate Route No. 83 the six following courses and 
distances; namely, North 55*55'30" West 78.86 feet. 



585 



Ord. No. 434 



North 54°58'35" West 7.06 feet, North 54''32'50'' West 
1.85 feet, North 37"05'12'' East 10.00 feet, North 
54*'32'25'' West 95.25 feet and South 38°02'58" West 9.28 
feet to intersect the east side of said Charles Street and 
thence binding on the east side of said Qiarles Street, 
North 02°52'05" West 30.29 feet to the place of 
beginning. 



All courses and coordinates in the above description 
are referred to as true meridian as adopted by the 
^ Baltimore Survey Control System. 

I 

C The said portion of Jones Falls Expressway Interstate 

d Route No. 83 as directed to be condemned being 

y delineated and particularly shov^m on a plat numbered 79- 

^ A-60A which was filed in the Office of the Department of 

^^^ Fhiblic Works on the Seventeenth (17th) day of August in 

$^, the year 1993 and is now on file in said Office. 



;n^ SEC. 2. AND BE IT FURTHER ORDAINED, That after 

5?'.' said highway or highways shall have been closed under 

i;: the provisions of this Ordinance, all subsurface structures 

and appurtenances now owned by the Mayor and Qty 
Council of Baltimore, shall be and continue to be the 
property of the Mayor and Qty Council of Baltimore, in 
fee simple, until the use thereof shall be abandoned by 
the Mayor and Qty Council of Baltimore, and in the event 
that any person, firm or corporation shall desire to 
remove, alter or interfere therewith, such person, firm or 
corporation shall first obtain permission and permits 
therefor from the Mayor and Qty Council of Baltimore, 
and shall in the application for such permission and 
permits agree to pay all costs and charges of every kind 
and nature made necessary by such removal, alteration or 
interference. 

SEC. 3. AND BE IT FURTHER ORDAINED, That no 
buildings or structures of any kind shall be constructed or 
erected in said portion of said highway or highways after 
the same shall have been closed under the provisions of 
this Ordinance until the subsurface structures and 
appurtenances now owned by the Mayor and Qty Coimdl 
of Baltimore, over which said buildings or structures are 



586 



Ord. No. 434 



proposed to be constructed or erected shall have been 
abandoned or shall have been removed and relaid in 
accordance with the specifications and under the direction 
of the Director of Public Works of Baltimore Qty, and at 
the expense of the person or persons or body corporate 
desiring to erect such buildings or structures. Railroad 
tracks shall be taken to be "structures" within the meaning 
of this section. 

SEC. 4. AND BE IT FURTHER ORDAINED, That after 
said highway or highways shall have been closed imder 
the provisions of this ordinance, all subsurface structures 
and appurtenances ovmed by any person, firm or 
corporation, other than the Mayor and Qty Qjuncil of 
Baltimore, shall upon notice from the Director of Public 
Works of Baltimore Qty, be promptly removed by and at 
the expense of the said owners. 

SEC. 5. AND BE IT FURTHER ORDAINED, That on 
and after the closing of said highway or highways, the 
said Mayor and Qty Council of Baltimore, acting through 
its duly authorized representatives, shall, at all times, 
have access to said property and to all subsurface 
structures and appurtenances used by it therein, for the 
purposes of inspection, maintenance, repair, alteration, 
relocation and/or replacement, of any or all of said 
structures and appurtenances, and this without 
permission from or compensation to the owner or owners 
of said land. 

SEC. 6. AND BE IT FURTHER ORDAINED, That the 
proceedings of said Department of Public Works with 
reference to the condemnation and closing of said portion 
of Jones Falls Expressway Interstate Route No. 83 and the 
proceedings and rights of all parties interested or affected 
thereby, shall be regulated by, and be in accordance with, 
any and all applicable provisions of Article 4 of the Code 
of Public Local Laws of Maryland and the Charter of 
Baltimore Qty (1964 Revision, as amended) and any and 
all amendments thereto, and any and all other Acts of the 
General Assembly of Maryland, and any and all 
ordinances of the Mayor and Qty Coimcil of Baltimore, 
and any and all rules or regulations in effect which have 



587 



Ord. No. 436 



been adopted by the Director of Public Works and filed 
with the Department of Legislative Reference. 

SEC. 7. AND BE IT FURTHER ORDAINED, That this 
Ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



^ CITY OF BALTIMORE 

5^ ORDINANCE NO. 435 

I 

> (Council BUI No. 917) 

AN ORDINANCE concerning 
^^ 

REPEAL OF RESERVED PARKING - DRUID HILL AVENUE 

*^il FOR the purpose of repealing Ordinance No. 338, 

•i- ' " approved March 27, 1985, which provided for reserved 

handicapped parking on the west side of Druid Hill 
Avenue north of Retreat Street for Sally Douglas. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 338, 
approved March 27, 1985, is hereby repealed and the 
authorization for reserved handicapped parking on the 
west side of Druid Hill Avenue north of Retreat Street for 
Sally Douglas therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 436 



588 



Ord. No. 437 

(CouncU Bill No. 918) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - FAIRFAX ROAD 

FOR the purpose of repealing Ordinance No. 68 7B, 
approved June 20, 1986, which provided for reserved 
handicapped parking on the south side of Fairfax Road 
east of Oakfield Avenue for Curtis Jones. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 
68 7B, approved June 20, 1986, is hereby repealed and 
the authorization for reserved handicapped parking on 
the south side of Fairfax Road east of Oakfield Avenue for 
Curtis Jones therein provided, is hereby rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved November 16, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 437 

(Council Bill No. 919) 

AN ORDINANCE concerning 

REPEAL OF RESERVED PARKING - LAFAYETTE AVENUE 

FOR the purpose of repealing Ordinance No. 20, approved 
March 4, 1988, v^hich provided for reserved 
handicapped parking on the north side of Lafayette 
Avenue east of Franklintown Road for James H. 
Jarmon. 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Ordinance No. 20, 



589 



Ord. No. 438 



approved March 4, 1988, is hereby repealed and the 
authorization for reserved handicapped parking on the 
north side of Lafayette Avenue east of Franklintown Road 
for James H. Jarmon therein provided, is hereby 
rescinded. 

SEC. 2. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

^ Approved November 16, 1994 

^ KURT L. SCHMOKE, Mayor 

I 

iL CITY OF BALTIMORE 

^ ORDINANCE NO. 438 

(CouncU Bill No. 956) 
AN ORDINANCE concerning 

CITY PROPERTY - SALE 



:3 



^c!-: 



FOR the purpose of authorizing the Mayor and Qty 
Coimcil of Baltimore to sell at either public or private 
sale all of the interest of the Mayor and Qty Council of 
Baltimore in and to a certain parcel of land and 
improvements located at 2913 Echodale Avenue, 
(Block 5391, Lot 12), Baltimore Maryland, said parcel 
of land and improvements being no longer needed for 
public use. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty be and she is hereby authorized to sell, at 
either public or private sale in accordance with Article V, 
Section 5(b) of the Qty Charter (1964 Revision, as 
amended), all of the interest of the Mayor and Qty 



590 



Ord. No. 439 



Council of Baltimore in and to that parcel of land and 
improvements situate in Baltimore, Maryland and 
described as follows: 

2913 Echodale Avenue 
(Block 5391, Lot 12) 
Containing 4,000 square feet of land, more or less 

Said property being no longer needed for public 
purposes. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
deed or deeds shall pass in accordance herewith imtil the 
same shall have been first approved by the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 



Approved November 16, 1994 



KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 439 

(Council Bill No. 867) 

AN ORDINANCE concerning 

REZONING - 4001-4033 4021 E. LOMBARD STREET 
AND 4020 E. PRATT STREET 

FOR the purpose of changing the zoning for the property 
properties known as 4001 ^033 4021 E. Lombard 
Street and 4020 E. Pratt Street from the M-2-2 Zoning 
District to the B-1-2 Zoning District. 

BY amending Zoning District Maps 
Sheet No. 58 
Article 30 - Zonmg 

Baltimore Qty Code (1983 Replacement Volume, as 
amended) 



591 



Ord. No. 440 



SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That Sheet No. 58 of the 
- Zoning District Maps of Article 30-Zoning of the Baltimore 
Qty Code (1983 Replacement Volume, as amended) title 
"Zoning" be and it is hereby amended by changing from 
the M-2-2 Zoning District to the B-1-2 Zoning District the 
properties known as 4001 4023 4021 E. Lombard Street 
and 4020 E. Pratt Street, as outlined in red on the plat 
accompanying this ordinance. 

SEC. 2. AND BE IT FURTHER ORDAINED, That upon 

^ passage of this ordinance by the Qty Council, as evidence 

\^ of the authenticity of the plat which is a part hereof and 

iL in order to give notice to the departments which are 

^ administering the Zoning Ordinance, the President of the 

^ Qty Council shall sign the plat and when the Mayor 

^^, approves the ordinance, he shall sign the plat. The 

^^ . Director of Finance shall then transmit a copy of the 

^^J ordinance and one of the plats to the following: the 

t--^ Board of Municipal and Zoning Appeals, the Planning 

■?^T' Commission, the Commissioner of the Department of 

1^. Housing and Commimity Development, the Supervisor of 

Assessments for Baltimore Qty and the Zoning 
Administrator. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the 30th day after the date 
of its enactment. 

Approved November 28, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
ORDINANCE NO. 440 
(Council Bill No. 890) 
AN ORDINANCE concerning 

CITY PROPERTY - GRANT OF EASEMENT 



592 



Ord. No. 440 



FOR the purpose of authorizing the Mayor and Qty 
Council of Baltimore to grant perpetual and revertible 
easements for the construction of a storm drain on the 
parcel of land located on Ashland Av e nu e Road east of 
York Road in Baltimore County, Maryland, as shown 
on State Roads Commission Plat No. 53383, as revised 
November 17, 1993. 

BY authority of 

Article V - Comptroller 

Section 5(b) 

Baltimore Qty Charter (1964 Revision, as amended) 

SECTION 1. BE IT ORDAINED BY THE MAYOR AND 
CITY COUNCIL OF BALTIMORE, That the Comptroller of 
Baltimore Qty is hereby authorized to grant perpetual 
and revertible easements to the State Highway 
Administration, for the purpose of constructing a storm 
drain, in accordance with Article V, Section 5(b) of the 
Baltimore Qty Charter, on that parcel of land situate in 
Baltimore County, Maryland, described on Exhibit A 
attached hereto and made a part hereof, subject to the 
following conditions: 

1. The plans and specifications for said easements 
shall be approved in writing by the Qty before 
construction. 

2. The Qty and its employees or agents shall have 
access to the right-of-way easement areas at all 
times when necessary for public purposes. 

3. The Grantee shall maintain the easements at its 
sole cost and expense. 

4. The Qty shall be protected, indemnified and saved 
harmless from all legal action, losses and damages 
resulting from injury to persons or damage to 
property caused by the use of the easements by the 
Grantee, its successors, assigns and invitees. 



593 



Ord. No. 440 



5. No structures shall be erected by the Grantee over 
the easement areas except for road surfacing 
material approved in advance by the Qty. 

6. Any and all construction on or within the property 
herein described which affects the Qty-owned 
property shall be in accordance with the 
requirements of the Baltimore Gty Department of 
Public Works and subject to inspection and 

^ approval thereof. 

^ 7. The Grantee also agrees that before any entry or 
\c acts that may affect the Qt/s property occur, the 

i^ said Department of PubHc Works will be notified in 

^ writing. 

J,, 8. The terms, conditions and agreement of this 

^. Easement Agreement shall be considered covenants 

^J running v^th the land on the Grantee's property. 

•try* 

7' r, 9. This easement shall be and be construed to be an 

\\,. easement appurtenant, benefitting the property 

owned by the Grantee and burdening the property 
owned by the Qty and described herein. The 
terms, conditions and agreement of this Easement 
Agreement shall bind the successors and assigns of 
both the Grantor and the Grantee. 

10. Failure by the Grantee to comply with any terms, 
conditions and agreement of this Easement 
Agreement will be considered a breach of the 
Agreement. In the event that the Grantee fails to 
cure any breach within ten (10) days after being so 
notified by the Qty, the Qty may at its sole 
discretion unilaterally declare this Agreement to be 
Null and Void by filing a Declaration to that effect 
among the Land Records of Baltimore County. 

11. The Grantee shall pay fair market value for said 
easements as determined by the Qt/s Real Estate 
Officer. 



594 



Ord. No. 441 



12. The Grantee shall reimburse the Qty for all costs 
incurred in granting these easements and for the 
value of any trees removed from the easement 
area. 

SEC. 2. AND BE IT FURTHER ORDAINED, That no 
easement or easements shall be granted in accordance 
herewith, until the same shall have been first approved by 
the Qty Solicitor. 

SEC. 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved November 28, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 

ORDINANCE NO. 441 

(Council Bill No. 952) 

AN ORDINANCE concerning 

PUBLIC PAY TELEPHONES 
MINOR PRIVILEGE PERMITS 

FOR the purpose of requiring all public pay telephones 
without required minor privilege permits to be 
removed or rendered inoperative by a certain time; 
and providing that this shall be a continuing program . 

PREAMBLE 

WHEREAS, It has recendy come to the attention of 
enforcement officers of minor privilege permits that small 
independent telephone companies have been installing 
outdoor pay telephones without the required minor 
privilege permit; and 



595 









Ord. No. 441 



WHEREAS, Many of these unlawful outdoor pay 
telephones are in areas frequented by drug dealers and 
are used to carry out their nefarious activities; and 

WHEREAS, In order to protect the safety, health and 
welfare of the citizens of Baltimore it is the purpose of 
this ordinance to require that these phones be removed or 
rendered inoperative within 30 60 days of the effective 
date of this ordinance, and to provide that this shall be a 
^ continuing pro5^am ; now, therefore, 



^ SECTION 1. BE IT ORDAINED BY THE MAYOR AND 

S CITY COUNCIL OF BALTIMORE, That notwithstanding 

(L any other provision of law, the Commissioner of the 

Department of Housing and Community Envelopment is 
h e r e by authoria e d to r e mov e shall cause to be removed or 
rendered inoperative, within ^ 60 days of the effective 
^^. date of this ordinance, all outdoor pay telephones that 

^J have been installed without the required minor privilege 

^li^ permits; provided, however, that any outdoor pay 

*5^^' telephone for which an application was pending before 

J,. the Board of Estimates on October 3, 1994 shall be 

removed or rendered inoperative only after the Board has 
disapproved the application . 

SEC. 2. AND BE IT FURTHER ORDAINED, That not 
more than 60 days after the effective date of this 
ordinance, the Commissioner shall certify to the Mayor 
and Gty Council a list, by location, of each outdoor pay 
telephone which the Commissioner caused to be removed 
or caused to be rendered inoperative, and shall indicate 
whether the telephone was removed or rendered 
inoperative. ". 

SEC. S 3. AND BE IT FURTHER ORDAINED, That this 
ordinance shall take effect on the date of its enactment. 

Approved November 30, 1994 

KURT L. SCHMOKE, Mayor 



596 



Res. No. 22 



CITY OF BALTIMORE 

RESOLUTION NO. 22 

(Council Bill No. 376) 

A RESOLUTION concerning 

ECONOMIC DEVELOPMENT REFUNDING REVENUE 
BONDS - SETON APARTMENTS FAdLITY 

FOR the purpose of authorizing and empowering the 

Mayor and Qty Council of Baltimore to issue, sell 
and deliver, at any time or from time to time and 
in one or more series, as its limited obligations 
and not upon its full faith and credit or pledge or 
its taxing powers, its economic development 
revenue bonds, in an aggregate principal amount 
not to exceed $4,500,000, pursuant to and in 
accordance with the Maryland Economic 
Development Revenue Bond Act, for the sole and 
exclusive purpose of refunding the outstanding 
Baltimore Qty, Maryland Housing Mortgage 
Revenue Bonds, Seton Apartments Project (1983 
Series A - FHA Insured Mortgage), which bonds 
were issued and sold for the purpose of financing 
the acquisition and renovation by The Seton 
Apartments Limited Partnership, a Maryland 
limited partnership, of a residential rental 
apartment facility known as the "Seton 
Apartments", which facility (a) consists of 17 
buildings containing 200 two-bedroom 
apartments and facilities functionally related and 
subordinate thereto, and (b) is located on and 
includes a tract of land containing approximately 
16 acres at 3601 Parkview Avenue (south and 
east of the intersection of Liberty Heights Avenue 
and Northern Parkway) in Baltimore Qty, 
Maryland, and paying the costs of issuance of any 
bonds so issued and other related costs of the 
transaction; authorizing the Mayor to accept the 
letter of intent from The Seton Apartments 



597 



Res. No. 22 



^ 



^^ 



«>; 



Limited Partnership to the Qty; making certain 
legislative findings; reserving in the Gty certain 
rights concerning the issuance of such bonds; 
authorizing the Mayor to specify, prescribe, 
determine, provide for or approve certain 
matters, details, forms, documents or procedures 
appropriate to the authorization, sale, security, 
issuance, delivery, or payment of or for such 
bonds; providing that such bonds (or bond 
anticipation notes issued in anticipation of the 



5^ issuance thereof) must be issued and sold within 

^ six months from the date this Resolution is 

X approved by the Mayor unless the Board of 

jf Finance approves one six-month extension as 

^ provided in this Resolution; and generally 

^ providing for and determining various matters 

and details in connection with the issuance and 



sale of such bonds and bond anticipation notes. 
RECITALS 



i;^ The Maryland Economic Development Revenue 

Bond Act, Sections 14-101 to 14-109, inclusive, of Article 
41 of the Annotated Code of Maryland, as amended (the 
"Act"), provides that in order to accomplish the legislative 
policy of the Act, in addition to whatever powers it may 
have and notwithstanding any limitation of law, any 
public body (as defined in the Act) may issue and sell its 
bonds (as defined in the Act), as its limited obligations 
and not upon its faith and credit or pledge of its taxing 
power, at any time and from time to time, for the 
purposes of financing or refinancing any costs of the 
acquisition (as defined in the Act) of one or more 
facilities (as defined in the Act) for one or more facility 
users (as defined in the Act) or of refunding outstanding 
bonds, including the necessary expenses of preparing, 
printing, selling, and issuing those bonds, the funding of 
reserves, and the payment of interest with respect to 
financing such acquisition in such amounts, or for such 
period, as the public body deems reasonable. The 
legislative purposes of the Act are to (1) relieve 
conditions of imemployment in the State of Maryland (the 
"State"), (2) encourage the increase of industry and 



598 



I 



Res. No. 22 



commerce and a balance economy in the State, (3) 
promote economic development, (4) protect natural 
resources and encourage resource recovery, and (5) 
generally promote the health, v^elfare, and safety of the 
residents of each of the counties and municipalities of the 
State. 

On December 21, 1983, Mayor and Qty ODuncil 
of Baltimore, a body politic and corporate and a political 
subdivision of the State of Maryland and a public body 
(as defined in the Act) (the "City"), issued and sold its 
Baltimore Qty, Maryland Housing Mortgage Revenue 
Bonds, Seton Apartments Project (1983 Series A - FHA 
Insured Mortgage), in the original aggregate principal 
amount of $4,105,000, dated as of December 1, 1983 
(the "Series 1983 Bonds"). The proceeds of the Series 
1983 Bonds (less the amount held in a debt service 
reserve fund for such bonds) were lent to The Seton 
Apartments Limited Partnership, a Maryland limited 
partnership (the "Facility Applicant"), for the purpose of 
financing a portion of the cost of the acquisition and 
renovation of a certain facility within the geographical 
boundaries of the Qty, as hereinafter described (the 
"Facility"). 

The Series 1983 Bonds were issued under and 
pursuant to: (a) Ordinance No. 1070 approved by the 
Mayor of the Qty (the "Mayor") on November 18, 1983; 
(b) a Bond Resolution adopted by the Board of Finance of 
the Qty (the "Board of Finance") on December 19, 1983; 
and (c) a Trust Indenture dated as of December 1, 1983 
with Equitable Bank, National Association, as Trustee. 

The Facility is a residential rental apartment 
facility known as the "Seton Apartments" and is a "facility" 
within the meaning of the Act. It consists of and includes 
(1) a tract of land containing approximately 16 acres 
located at 3601 Parkview Avenue in Baltimore Qty (south 
and east of the intersection of Liberty Heights Avenue and 
Northern Parkway); (2) 17 buildings containing 200 two- 
bedroom apartments and facilities functionally related 
and subordinate thereto (collectively, "the Buildings"), 
which buildings are located on the Land; (3) such 



599 



Res. No. 22 



equipment and machinery, and any or all other 
improvements therein, as may be necessary or useful in 
connection with the operation of the Facility Applicant's 
business; and (4) such other interests in land as may be 
necessary and suitable for the foregoing. Fifteen percent 
(15%) of the units in the Facility have been and will 
continue to be occupied or held available for occupancy 
by individuals of low or moderate income, as defined in 
Section 103Cb)(4)(A) of the Internal Revenue Code of 
1954, as amended. 



^ The Qty has received a letter of intent dated 

<i December 6, 1993 (the letter of Intent"), from the 

\f Facility Applicant, pursuant to which the Facility 

y Applicant has requested the Qty to issue and sell the 

^ Qt/s bonds (as defined in the Act), as its limited 

^ obligations and not upon its faith and credit or pledge of 

Jv^ its taxing power, at any time or from time to time and in 

^J one or more series, in an aggregate principal amount not 

^:ii to exceed $4,500,000 (the "Bonds"), pursuant to and in 

b?T' accordance with the Act, for the purpose of refunding the 

ij; outstanding Series 1983 Bonds and paying costs of 

issuance of such refunding bonds and other related costs 
of the transaction. 

The Letter of Intent expresses the Facility 
Applicant's intention that the interest payable on a 
portion of the bonds in an amount not greater than the 
outstanding balance of the Series 1983 Bonds will be 
excludible from the gross income of the owners of such 
bonds for purposes of federal income taxation pursuant to 
Section 103 of the Internal Revenue Code of 1986, as 
amended (the "Code"); interest on the remaining portion 
of the Bonds will be subject to federal income taxation. 
Finally, the Letter of Intent contains an acknowledgment 
by the Facility Applicant that the Qty reserves certain 
rights concerning the issuance of such bonds as provided 
in Section 6 hereof. 

The Qty, based upon the findings and 
determinations and subject to the reservation of certain 
rights, all as set forth below, has determined to issue, sell 
and deliver, at one time or from time to time and in one 



600 



Res. No. 22 



or more series, the Bonds in an aggregate principal 
amount not to exceed $4,500,000, and to cause the 
proceeds of the Bonds to be lent to the Facility Applicant 
upon the terms and conditions of one or more loan or 
financing agreements to be entered into between the Qty 
and the Facility Applicant (and any other parties 
necessary to implement and consummate the transaction), 
such proceeds to be used by the Facility Applicant for the 
purpose of refunding the outstanding Series 1983 Bonds 
and paying costs of issuance of the Bonds and other 
related costs of the transaction. 

NOW THEREFORE, IN ACCORDANCE WITH THE ACT: 

SECTION 1. BE IT RESOLVED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, That words and 
terms used in this Resolution (including the Recitals 
hereoO that are defined in the Act shall have the 
meanings indicated in the Act imless the context clearly 
requires a contrary meaning. 

SEC. 2. AND BE IT FURTHER RESOLVED, That 
acting pursuant to the Act, it is hereby found and 
determined as follows: 

(1) The Facility Applicant is a "facility 
applicant" and a "facility user" within the meaning of the 
Act; and the Facility is a "facility" within the meaning of 
the Act. 

(2) The acquisition and renovation of 
the Facility and the financing thereof with the proceeds of 
the Series 1983 Bonds has promoted, and the refunding 
of the Series 1983 Bonds will continue to promote, the 
declared legislative purposes of the Act by (a) relieving 
conditions of unemployment in the State and in Baltimore 
City; (b) encouraging the increase of industry and 
commerce and a balanced economy in the State and in 
Baltimore Qty; (c) assisting in the retention 



601 



y- 

6 



Res. No. 22 



of existing industry and commerce and in the attraction of 
new industry and commerce in the State and in Baltimore 
Qty; (d) promoting economic development in the State 
and in Baltimore Gty; and (e) generally promoting the 
health, welfare and safety of the residents of the State 
and Baltimore Qty. 

(3) The Bonds of any series and the 
interest on them are limited obligations of the Qty, the 
principal of, premium, if any, and interest on which are 

^ payable solely (except for bond anticipation notes) from 

^ revenues to be received in connection with the 

^ refinancing of the Facility and from any other moneys 

Xf made available to the Qty for such purpose. Neither the 

^ Bonds of any series, nor the interest thereon, shall ever 

constitute an indebtedness or a charge against the general 
credit or taxing powers of the Qty within the meaning of 
^'-^ , any constitutional or charter provision or statutory 

^J limitation and neither shall ever constitute or give rise to 

»li^ any pecuniary liability of the Qty. 

(4) Neither the proceeds of the Bonds of 
any series nor the payments of the principal of and 
premium, if any, and interest on the Bonds of any series 
will be commingled with the Qt/s funds or will be 
subject to the absolute control of the Qty, but will be 
subject only to limited supervision, and the Qty shall 
retain only those rights as are deemed necessary or 
desirable by the Qty to insure that the proceeds of the 
Bonds of any series are used to accomplish the public 
purposes of the Act and this Resolution. The transactions 
provided for hereby do not constitute any physical public 
betterment or improvement or the acquisition of property 
for public use or the purchase of equipment for public 
use. 

SEC. 3. AND BE IT FURTHER RESOLVED, That 
this Resolution among other things, evidences the present 
intent of the Qty to issue, sell, and deliver the Bonds in 
accordance with the terms and provisions of this 
Resolution. The Mayor is hereby authorized, empowered, 
and directed to accept the Letter of Intent on behalf of 
the Qty in order to further evidence the intent of the Qty 



602 



Res. No. 22 



to issue and sell the Bonds in accordance with the terms 
and provisions of this Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, That 
the aty is hereby authorized and empowered to issue, 
sell and deliver the Bonds, at any time or from time to 
time and in one or more series, as limited obligations of 
the aty and not upon its full faith and credit or pledge of 
its taxing power, in an aggregate principal amount not to 
exceed $4,500,000, subject to the provisions of this 
Resolution. (For the purpose of applying the foregoing 
limitation, in the event that any bonds issued to repay 
bond anticipation notes are issued, the outstanding 
principal amount of any bond anticipation notes, 
provision for the payment of which has been made from 
the proceeds of such bonds or from other sources, shall 
not be taken into account in determining the aggregate 
principal amount of bonds issued, sold and delivered 
pursuant to this Resolution.) 

SEC. 5. AND BE IT FURTHER RESOLVED, That 
the aty will cause the proceeds of the Bonds to be lent to 
the Facility Applicant pursuant to the terms and 
provisions of a loan agreement (within the meaning of 
the Act) or a financing agreement (the "Loan 
Agreement"), to be used by the Facility Applicant for the 
sole and exclusive purpose of refunding the Series 1983 
Bonds and paying costs of issuance of the Bonds and 
other related costs of the transaction. The Loan 
Agreement will provide that the Facility Applicant will 
make payments which will be sufficient to enable the aty 
to pay the principal of and interest and premium, if any, 
on the Bonds of such series when and as the same 
become due and payable. 

The Facility is specified and described in the 
Recitals set forth above. The public purpose to be served 
by the issuance and sale of the Bonds is described in 
Section 2 of this Resolution, and the financing transaction 
is described in this Section and in the Recitals set forth 
above. The maximum principal amount of the Bonds that 
may be issued is $4,500,000, provided that bond 



603 



Res. No. 22 



anticipation notes may be issued and sold in anticipation 
of the issuance of the Bonds. 

SEC. 6. AND BE IT FURTHER RESOLVED, 
MARYLAND, That the Qty reserves the right, in its sole 
and absolute discretion, to take any actions deemed 
necessary by the Qty in order to insure that the Qty (a) 
complies with present federal and State laws and any 
pending or future federal or state legislation, whether 
proposed or enacted, which may affect or restrict the 
^ issuance of its bonds, and (b) issues its bonds within the 

^ limits imposed by such present laws or any such pending 

rt or future legislation or any future local laws, to finance 

y those facilities which the Qty determines, in its sole and 

y absolute discretion, will provide the greatest benefit to the 



#^ 



•;-> 



residents of the Qty and the State. 



5^. SEC. 7. AND BE IT FURTHER RESOLVED, That 

^J the Bonds shall be executed in the name of the Qty and 

on its behalf by the Mayor, by his manual or facsimile 
signature, and by the Director of Finance of the Qty, by 
his manual or facsimile signature, and the corporate seal 
of the Qty or a facsimile thereof shall be impressed or 
otherwise reproduced thereon and attested by the 
Custodian or Alternate Custodian of the Qty Seal, by his 
or her manual or facsimile signature. The Loan 
Agreement and any other documents (including, without 
limitation, a trust indenture) as the Mayor shall deem 
necessary to effectuate the issuance, sale and delivery of 
the Bonds shall be executed in the name of the Qty and 
on its behalf by the Mayor by his manual or facsimile 
signature, and the corporate seal of the Qty or a facsimile 
thereof shall be impressed or otherwise reproduced 
thereon and attested by the Custodian or Alternate 
Custodian of the City Seal by his or her manual signature. 
The Mayor, the Director of Finance of the Qty, the 
Custodian and Alternate Custodian of the Qty Seal and 
other officials of the Qty are hereby authorized and 
empowered to do all such acts and things and to execute, 
acknowledge, seal and deliver on behalf of the Qty such 
documents and certificates, including (without limitation) 
the Loan Agreement, as the Mayor shall deem necessary 
to carry out and comply v^th the provisions of this 



604 



Res. No. 22 



Resolution, subject to the limitations set forth in the Act 
and any limitations set forth in this Resolution. If any 
officer whose signature or a facsimile thereof appears on 
the Bonds or on any of the aforesaid documents ceases to 
be such officer before the delivery of the Bonds or any of 
the other aforesaid documents, such signature or such 
facsimile shall nevertheless be valid and sufficient for all 
purposes, the same as if such officer had remained in 
office until delivery. 

SEC. 8. AND BE IT FURTHER RESOLVED, That, 
as permitted by the Act, the Bonds of any series shall be 
sold at private (negotiated) sale and at par, imless the 
Mayor deems it to be in the best interests of the Qty, 
with the consent of the Facility Applicant, to sell the 
Bonds of any series at public sale or above or below par, 
in either or both of which events, the Bonds of such series 
shall be sold in such manner and upon such terms as the 
Mayor deems to be in the best interests of the Qty. 

SEC. 9. AND BE IT FURTHER RESOLVED, That 
prior to the issuance, sale and delivery of the Bonds of 
any series, the Mayor by executive order or otherwise: 

(1) shall prescribe the form, tenor, terms 
and conditions of and security for the Bonds of such 
series; 

(2) shall prescribe the principal amount, 
rate or rates of interest or the method or methods of 
determining the rate or rates of interest, denomination or 
denominations, date, maturity or maturities (within the 
limits prescribed by the Act and the Code), the time and 
place or places of payment of the Bonds of such series, 
and the terms and conditions and details under which the 
Bonds of such series may be called for redemption prior 
to their stated maturity or maturities; 

(3) shall appoint a trustee, a bond 
registrar and a paying agent or agents for the Bonds of 
such series; 



605 



Res. No. 22 



(4) shall approve the form and contents 
of, and execute and deliver (where applicable), the Loan 
Agreement, and such other documents, including (without 
limitation) trust indentures, assignments, mortgages, 
deeds of trust, guaranties and security instruments to 
which the Qty is a party and which may be necessary or 
desirable to effectuate the issuance, sale and delivery of 
the Bonds of such series; 

(5) shall determine the time of 

^ execution, issuance, sale and delivery of the Bonds of 

^ such series and prescribe any and all other details of the 

tf Bonds of such series; 

% 

y (6) shall determine the method, and 

^ shall approve the terms, of the sale of the Bonds of such 

^ series, as provided in Section 8 of this Resolution; 

\ (7) shall provide for the direct payment 

by the Facility Applicant of all costs, fees and expenses 
^J» incurred by or on behalf of the Qty in connection with 

^^^ ■» the issuance, sale and delivery of the Bonds of such series 

and the performance of the obligations of the Facility 
Applicant under the Loan Agreement, including (without 
limitation) the administrative fee (if any) payable to the 
Qty, costs of printing (if any) and issuing the Bonds of 
such series, legal expenses (including the fees of bond 
counsel) and compensation to any person (other than 
full-time employees of the Qty), performing services by or 
on behalf of the Qty in connection therewith; 

(8) may provide for the issuance and sale 
(subject to the passage at the time of an appropriate 
resolution authorizing the same) of one or more series of 
additional bonds (which may be on a parity with, or 
subordinate to, the Bonds) and one or more series of 
refunding bonds; 



r: 



(9) may provide for the funding of 
reserves for the Bonds of such series and for the payment 
of interest on the Bonds of such series in such amounts 
and for such period as the Mayor deems reasonable; and 



606 



Res. No. 22 



(10) may specify, prescribe, determine, 
provide for or approve such other matters, details, forms, 
docmnents or procedm-es and do any and all things 
necessary, proper or expedient in connection with the 
authorization, sale, security, issuance, delivery or payment 
of or for the Bonds of such series and in order to 
accomplish the legislative policy of the Act and the public 
purposes of this Resolution, subject to the limitations set 
forth in the Act and any limitations prescribed by this 
Resolution. 

SEC. 10. AND BE IT FURTHER RESOLVED, That 
before or after the issuance, sale and delivery of the 
Bonds of any series, regardless of the date on which such 
Bonds are issued, the Mayor, by executive order or 
otherwise, may execute and approve on behalf of the Qty 
any amendments or supplements to or substitutes for any 
of the documents and agreements executed and delivered 
on behalf of the Qty in connection with the issuance, sale 
and delivery of the Bonds pursuant to the provisions of 
such docmnents, provided that each such supplemental 
executive order or orders and each amendment, 
supplement or substitute to such document shall be in 
accordance with the provisions of the Act, this Resolution, 
and the documents executed and delivered in connection 
with the Bonds and then in effect. 

SEC. 11. AND BE IT FURTHER RESOLVED, That 
the provisions of this Resolution are severable, and if any 
provision, sentence, clause, section or part hereof is held 
to be illegal, invalid or unconstitutional or inapplicable to 
any person or circumstances, such illegality, invalidity or 
unconstitutionality, or inapplicability shall not affect or 
impair any of the remaining provisions, sentences, 
clauses, sections, or parts of this Resolution or their 
application to other persons or circumstances. It is 
hereby declared to be the legislative intent that this 
Resolution would have been passed if such illegal, invalid 
or imconstitutional provision, sentence, clause, section or 
part had not been included herein, and if the person or 
circimastances to which this Resolution or any part hereof 
is inapplicable had been specifically exempted herefrom. 



607 



# 






Res. No. 22 



SEC. 12. AND BE IT FURTHER RESOLVED, That 
either the Bonds or any bond anticipation notes must be 
issued and sold on or before the date which is six months 
from the date on which this Resolution is approved by the 
Mayor of the Qty; provided, however, that the Board of 
Finance, after a shov^g of good cause at a public 
hearing held before the Board prior to or after the 
expiration of such period, may extend the period during 
which either the Bonds or such bond anticipation notes 
may be issued and sold for one additional term not to 
exceed six months from the date on which the initial 
52 period expired. The Board of Finance, in its sole 

(jt discretion, and without action by the Qty Council of the 

Qty (the "Qty Council "0, shall determine the sufficiency, 

or lack thereof, of the reasons presented for any 
requested extension of such period. If an extension is 
granted, notice of such extension and the reasons therefor 
1^ must be sent to the Qty Council. To the extent that 

';;. neither the Bonds nor such bond anticipation notes are 

*^ issued and sold within the time periods set forth in this 

^J Section from the date on which this Resolution is 

^* approved by the Mayor, the authority provided in this 

Resolution for the Qty to issue and sell the Bonds and 
such bond anticipation notes shall expire. 

SEC. 13. AND BE IF FURTHER RESOLVED, That 

the passage of this Resolution shall not in any way 
indicate the approval of, or constitute any commitment 
for approval by, the Qty or any of its officers or 
employees of, any license, permit, application or any 
other request to the Qty with respect to the financing, 
zoning, construction, acquisition or operation of the 
Facility. 

SEC. 14. AND BE IT FURTHER RESOLVED, That 
this Resolution shall take effect on the date of its 
enactment. 



Approved February 16, 1994 

KURT L. SCHMOKE, Mayor 



608 



Res. No. 23 



CITY OF BALTIMORE 
RESOLUTION NO. 23 

(Council Bill No. 786) 

A RESOLUTION concerning 

MARYLAND INDUSTRLU DEVELOPMENT FINANCING 

AUTHORTIY REVENUE BONDS 

ROCK-TENN CONVERTING COMPANY 

FOR the purpose of approving the issuance and sale by 
the Maryland Industrial Development Financing 
Authority, pursuant to the Maryland Economic 
Development Revenue Bond Act and the 
Maryland Industrial Development Financing 
Authority Act, of one or more series of its limited 
obligation economic development revenue bonds 
in an aggregate principal amount not to exceed 
$3,700,000 for the purpose of financing the costs 
of acquisition (as defined in such Acts) by Rock- 
Tenn Converting Company, a Georgia 
corporation, of a certain facility (as defined in 
such Acts) to consist of and include the 
acquisition and installation of certain necessary 
or useful equipment and machinery for its 
manufacturing plant located at 2400-R Broening 
Highway within the geographical boundaries and 
jurisdiction of Baltimore Qty, Maryland to be 
used by Rock-Tenn Converting Company in its 
business of manufacturing paperboard packaging; 
specifying and describing such facility; generally 
describing the public purpose to be served by 
such facility; specifying and describing various 
matters in connection therewith; and relating 
generally thereto. 

RECITALS 

The Maryland Industrial Development Financing 
Authority Act, codified as sections 13-101 et seq. of the 
Financial Institutions Article, Annotated Code of Maryland 



609 



Res. No. 23 



(the "MIDFA Act"), provides that in order to accomplish 
the purposes of the MIDFA Act, the Maryland Industrial 
Development Financing Authority (the "Authority"), on 
behalf of the State of Maryland (the "State"), may issue 
and sell bonds as provided in and in accordance with the 
Maryland Economic Development Revenue Bond Act (the 
"Revenue Bond Act"). The MIDFA Act and the Revenue 
Bond Act are herein sometimes collectively referred to as 
the "Acts". The MIDFA Act further provides that the 
Authority may accomplish the acquisition of one or more 
^ facilities from the proceeds of the sale of its bonds by one 

^ or more of the methods described in the Revenue Bond 

rS Act. 

y Section 13-138(e) of the MIDFA Act provides that 

^ prior to the issuance and sale of bonds by the Authority, 

^^ the legislative body of the county or municipality in which 

^\ the facility (as defined in the Acts) to be financed with 

^? the proceeds of the bonds is to be located shall adopt a 

''t^ resolution which shall (a) be administrative in nature, not 

^J^ subject to the procedures required for legislative acts and 

X^ ' not subject to referendum, (b) specify and describe the 

facility, and (c) generally describe the public purpose to 
be served by the facility. 

Rock-Tenn Converting Company, a Georgia 
corporation (the "Applicant"), has requested Mayor and 
City Council of Baltimore, a body politic and corporate 
and a political subdivision of the State and a county and a 
public body within the meaning of the Acts (the "City"), to 
approve the issuance by the Authority of its bonds in an 
aggregate principal amount not to exceed $3,700,000 to 
provide for the financing of the costs of acquisition by the 
Applicant of a certain facility located within the 
geographical boimdaries and jurisdiction of the Qty (the 
"Facility") and more particularly described below. 

The City has determined, based upon the findings 
and determinations hereinafter set forth, that it is in the 
best interests of the citizens of the Qty that the Qty 
approve the financing by the Authority of the costs of 
acquisition by the Applicant of the Facility by approving 
the issuance and sale by the Authority, pursuant to the 



610 



Res. No. 23 



Acts, at any time and from time to time, of one or more 
series of its limited obligation economic development 
revenue bonds in an aggregate principal amount not to 
exceed $3,700,000. 

NOW, THEREFORE, PURSUANT TO AND IN 
ACCORDANCE WITH THE ACTS: 

SECTION 1. BE IT RESOLVED BY MAYOR AND 
CITY COUNCIL OF BALTIMORE, That all words and terms 
used in this Resolution (including the Recitals set forth 
above) that are defined or used in the Acts shall have the 
meaning indicated in the Acts, imless the context clearly 
requires a contrary meaning. 

SEC. 2. AND BE IT FURTHER RESOLVED, That 
the Facility shall consist of and include the acquisition 
and installation of certain necessary or useful equipment 
and machinery for the Applicant's manufacturing plant 
located at 2400-R Broening Highway within the 
geographical boundaries and jurisdiction of Baltimore 
aty, Maryland to be used by the Applicant in its business 
of manufacturing paperboard packaging. 

SEC. 3. AND BE IT FURTHER RESOLVED, That 
it is hereby foimd and determined that the Facility and 
the financial assistance to be provided by the Authority as 
described in this Resolution, will fulfill, accomplish and 
promote, the declared public purposes of the Acts, which 
are to (a) relieve conditions of imemployment in the 
State, (b) encourage the increase of industry and 
commerce and a balanced economy in the State, (c) assist 
in the retention of existing industry and commerce and in 
the attraction of new industry and commerce in the State, 

(d) promote economic development in the State and 

(e) generally promote the health, welfare, and safety of 
the residents of each of the counties and municipalities of 
the State. Specifically, it is hereby foimd and determined 
that the financing of the costs of acquisition of the Facility 
by the Applicant will increase employment in the Qty by 
creating approximately 38 new jobs within three years. 
Accordingly, it is in the interest of the public welfare of 
the citizens of the State and of the Qty that the Qty 



611 



Res. No. 23 



approve the issuance by the Authority of its bonds for the 
purpose of financing the costs of acquisition of the 
Facility. 

SEC. 4. AND BE IT FURTHER RESOLVED, That 
the aty hereby approves the issuance and sale by the 
Authority at any time and from time to time of one or 
more series of its limited obligation economic 
development revenue bonds in an aggregate principal 
amount not to exceed $3,700,000 (the "Bonds"), the 
^ proceeds of any series of which may be used by the 

^ Authority to make a loan to the Applicant, the proceeds of 

K which loan shall be used by the Applicant to finance the 

y costs of acquisition of the Facility. 

^ SEC. 5. AND BE IT FURTHER RESOLVED, That 

^ (a) the Bonds, the interest thereon and the purchase price 

Ji', thereof will be limited obligations of the Authority, 

^? payable solely from revenues or moneys to be received by 

'^l^ the Authority in connection with the financing of the costs 

2g^ of acquisition of the Facility or from any other funds 

1^ » provided therefor, (b) the Bonds will not constitute an 

indebtedness to which the faith and credit of the State, 
the Department of Economic and Employment 
Development of the State (the "Department"), the 
Authority, the City or any other public body is pledged, 
and (c) neither the Bonds nor the interest thereon nor the 
purchase price thereof shall ever constitute an indebted- 
ness or a charge against the general credit or taxing 
powers of the State, the Department, the Authority, the 
aty or any other public body and none of the above shall 
ever constitute or give rise to any pecuniary liability of 
the State, the Department, the Authority, the Qty or any 
other public body. 

SEC. 6. AND BE IT FURTHER RESOLVED, That 
the Bonds shall be authorized, issued, sold and dehvered 
without direct or indirect cost to the Qty, and to that 
end, the Applicant shall pay all necessary expenses of 
preparing, printing, selling and issuing the Bonds and all 
other costs contemplated and permitted by the Acts, 
including, without limitation, any and all costs, fees and 
expenses (including, without limitation, any attorneys' 



612 






Res. No. 24 



fees) incurred by or on behalf of the Qty in connection 
with this Resolution or the publication of notices of any 
public hearings to be held in connection herewith, 
whether or not the proposed financing is consummated. 

SEC. 7. AND BE IT FURTHER RESOLVED, That 
the passage of this Resolution shall not in any way 
indicate the approval of, or constitute any commitment 
for approval by, the Qty or any of its officers or 
employees of, any license, permit, application or any 
other request to the City with respect to the financing, 
zoning, construction, acquisition or operation of the 
Facility. 

SEC. 8. AND BE IT FURTHER RESOLVED, That 
no further action by the Qty Council is necessary to effect 
the financing of the costs of acquisition of the Facility by 
the Applicant or the completion of the transactions 
contemplated in this Resolution, including, without 
limitation, the issuance and sale of the Bonds. 

SEC. 9. AND BE IT FURTHER RESOLVED, That, 
in accordance with Section 13-138(e) of the MIDFA Act, 
this Resolution is administrative in nature, not subject to 
the procedures required for legislative acts of the Qty and 
not subject to referendum. 

SEC. 10. AND BE IT FURTHER RESOLVED, That 

this Resolution shall take effect on the date of its approval 
by the Mayor of the Qty. 

Approved May 12, 1994 

KURT L. SCHMOKE, Mayor 



CITY OF BALTIMORE 
RESOLUTION NO. 24 
(CouncU Bill No. 892) 
A RESOLUTION concerning 

613 



Res. No. 24 



ECONOMIC DEVELOPMENT REVENUE BONDS - 
OLES ENVELOPE CORPORATION 

FOR the purpose of authorizing and empowering the 

Mayor and Qty Council of Baltimore to issue, sell 
and deliver, at any time or from time to time and 
in one or more series, as its limited obligations 
and not upon its full faith and credit or pledge of 
its taxing powers, its economic development 
revenue bonds, in an aggregate principal amount 
6f not to exceed $6,000,000, pursuant to and in 

^ accordance with the Maryland Economic 

(jg Development Revenue Bond Act, for the sole and 

(/ exclusive purpose of financing the acquisition by 

^ Oles Envelope Corporation (the Facility 

^ Applicant) and installation of certain 

^^^ manufacturing machinery and equipment (the 

5^, "Facility") to be used for the manufacturing of 

Sj envelopes at the Facility Applicant's plant located 

^ at 532 East 25th Street, Baltimore, Maryland 

2§JI 21218 and paying the costs of issuance of any 

bonds so issued and other related costs of the 
transaction; authorizing the Mayor to accept the 
letter of intent from Facility Applicant to the Qty; 
making certain legislative findings; reserving in 
the City certain rights concerning the issuance of 
such bonds; authorizing the Mayor to specify, 
prescribe, determine, provide for or approve 
certain matters, details, forms, documents or 
procedures appropriate to the authorization, sale, 
security, issuance, delivery, or payment of or for 
such bonds; and generally providing for and 
determining various matters and details in 
connection with the issuance and sale of such 
bonds and bond anticipation notes. 

RECITALS 

The Maryland Economic Development Revenue 
Bond Act, Sections 14-101 to 14-109, inclusive, of Article 
41 of the Annotated Code of Maryland, as amended (the 
"Act"), provides that in order to accomplish the legislative 
policy of the Act, in addition to whatever powers it may 



614 






Res. No. 24 



have and notwithstanding any limitation of law, any 
public body (as defined in the Act) may issue and sell its 
bonds (as defined in the Act), as its limited obligations 
and not upon its faith and credit or pledge of its taxing 
power, at any time and from time to time, for the 
purposes of financing or refinancing any costs of the 
acquisition (as defined in the Act) of one or more 
facilities (as defined in the Act) for one or more facility 
users (as defined in the Act) or of refunding outstanding 
bonds, including the necessary expenses of preparing, 
printing, selling, and issuing those bonds, the funding of 
reserves, and the payment of interest with respect to 
financing such acquisition in such amounts, or for such 
period, as the public body deems reasonable. The 
legislative purposes of the Act are to (1) relieve 
conditions of vmemployment in the State of Maryland (the 
"State '0, (2) encourage the increase of industry and 
commerce and a balanced economy in the State, (3) 
promote economic development, (4) protect natural 
resources and encourage resource recovery, and (5) 
generally promote the health, welfare, and safety of the 
residents of each of the counties and municipalities of the 
State. 

The Mayor and the Qty Council of Baltimore, a 
body p)olitic and corporate and a political subdivision of 
the State of Maryland and a public body (as defined in 
the Act) (the "Qty'O has received a letter of intent dated 
May 2, 1994 (the "Letter of hitent"), from the Facility 
Applicant, pursuant to which the Facility Applicant has 
requested the Qty to issue and sell the Qt/s bonds (as 
defined in the Act), as its limited obligations and not 
upon its faith and credit or pledge of its taxing power, at 
any time or from time to time and in one or more series, 
in an aggregate principal amount not to exceed 
$6,000,000 (the "Bonds"), pursuant to and in accordance 
with the Act, for the purpose of financing the Facility. 

The Letter of Intent expresses the Facility 
Applicant's intention that the interest payable on a 
portion of the bonds will be excludable from the gross 
income of the owners of such bonds for purposes of 
federal income taxation pursuant to section 103 of the 



615 



Res. No. 24 



Internal Revenue Code of 1986, as amended (the "Code'O. 
The Letter of Intent contains an acknowledgment by the 
Facility Applicant that the Qty reserves certain rights 
concerning the issuance of such bonds as provided in 
Section 6 hereof. 

The Qty, based uF>on the findings and 
determinations and subject to the reservation of certain 
rights, all as set forth below, has determined to issue, sell 
and deliver, at one time or from time to time and in one 
6r or more series, the Bonds in an aggregate principal 

^ amount not to exceed $6,000,000, and to cause the 

ji proceeds of the Bonds to be lent to the Facility Applicant 

(I upon the terms and conditions of one or more loan or 

^ financing agreements to be entered into between the Qty 

^ and the Facility Applicant (and any other parties 

^^ necessary to implement and consummate the transaction), 

such proceeds to be used by the Facility Applicant for the 
purpose of financing the Facility and paying costs of 
issuance of the Bonds and other related costs of the 









transaction. 

NOW THEREFORE, IN ACCORDANCE WITH THE ACT: 

SECTION 1. BE IT RESOLVED BY THE MAYOR 
AND CITY COUNCIL OF BALTIMORE, that die Recitals 
are hereby incorpxDrated and made a part hereof and that 
the words and terms used in this Resolution (including 
the Recitals hereoO that are defined in the Act shall have 
the meanings indicated in the Act unless the context 
clearly requires a contrary meaning. 

SEC. 2. AND BE IT FURTHER RESOLVED, diat 
acting pursuant to the Act, it is hereby found and 
determined as follows: 

(1) The Facility Applicant is a "facility applicant" 
and a "facility user" within the meaning of the Act; and 
the Facility is a "facility" within the meaning of the Act. 

(2) The acquisition of the Facility will promote 
the declared legislative purposes of the Act by (a) 
relieving conditions of unemployment in the State and in 



616 



A 



Res. No. 24 



the Qty; (b) encouraging the increase of industry and 
commerce and a balanced economy in the State and in 
the Qty; (c) assisting in the retention of existing industry 
and commerce and in the attraction of new industry and 
commerce in the State and in the Qty; (d) promoting 
economic development in the State and in the Qty; and 
(e) generally promoting the health, welfare and safety of 
the residents of the State and the Qty. 

(3) The Bonds of any series and the interest on 
them are limited obligations of the Qty, the principal of, 
premium, if any, and interest on which are payable solely 
(except for bond anticipation notes) from revenues to be 
received in connection with the financing of the Facility 
and from any other moneys made available to the Qty for 
such purpose. Neither the Bonds of any series, nor the 
interest thereon, shall ever constitute an indebtedness or 
a charge against the general credit or taxing powers of 
the Qty within the meaning of any constitutional or 
charter provision or statutory limitation and neither shall 
ever constitute or give rise to any pecuniary liability of 
the Qty. 

(4) Neither the proceeds of the Bonds of any 
series nor the payments of the principal of and premium, 
if any, and interest on the Bonds of any series will be 
commingled with the City's funds or will be subject to the 
absolute control of the Qty, but will be subject only to 
limited supervision, and the Qty shall retain only those 
rights as are deemed necessary or desirable by the Qty to 
insure that the proceeds of the Bonds of any series are 
used to accomplish the public purposes of the Act and this 
Resolution. The transactions provided for hereby do not 
constitute any physical public betterment or improvement 
or the acquisition of property for public use or the 
purchase of equipment for public use. 

SEC. 3. AND BE IT FURTHER RESOLVED, that 
this Resolution among other things, evidences the present 
intent of the Qty to issue, sell, and deliver the Bonds in 
accordance with the terms and provisions of this 
Resolution. The Mayor is hereby authorized, empowered, 
and directed to accept the Letter of Intent on behalf of 



617 



<rr. 



Res. No. 24 



the Qty in order to further evidence the intent of the Qty 
to issue and sell the Bonds in accordance with the terms 
and provisions of this Resolution. 

SEC. 4. AND BE IT FURTHER RESOLVED, that 
the Qty is hereby authorized and empowered to issue, 
sell and deliver the Bonds, at any time or from time to 
time and in one or more series, as limited obligations of 
the Qty and not upon its full faith and credit or pledge of 
its taxing power, in an aggregate amount not to exceed 
^ $6,000,000, subject to the provisions of this Resolution. 

^ (For the purpose of applying the foregoing limitation, in 

fj the event that any bonds issued to repay bond 

y anticipation notes are issued, the outstanding principal 

^ amount of any bond anticipation notes, provision for the 

>► payment of which has been made from the proceeds of 

^ such bonds or from other sources, shall not be taken into 

account in determining the aggregate principal amount of 
bonds issued, sold and delivered pursuant to this 
Resolution. ) 

^ » SEC. 5. AND BE IT FURTHER RESOLVED, that 

the Qty will cause the proceeds of the Bonds to be lent to 
the Facility Applicant pm^uant to the terms and 
provisions of a loan agreement (within the meaning of 
the Act) or a financing agreement (the "Loan 
Agreement"), to be used by the Facility Applicant for the 
sole and exclusive purpose of financing the Facility and 
paying costs of issuance of the Bonds and other related 
costs of the transaction. The Loan Agreement will provide 
that the Facility Applicant will make payments which v^ 
be sufficient to enable the Qty to pay the principal of and 
interest and premium, if any, on the Bonds of such series 
when and as the same become due and payable. 

The Facility is specified and described in the 
Recitals set forth above. The public purpose to be served 
by the issuance and sale of the Bonds is described in 
Section 2 of this Resolution, and the financing transaction 
is described in this Section and in the Recitals set forth 
above. The maximum aggregate principal amount of the 
Bonds that may be issued, in one or more series, is 
$6,000,000, provided that bond anticipation notes may be 



618 



Res. No. 24 



issued and sold in anticipation of the issuance of die 
Bonds. 

SEC. 6. AND BE IT FURTHER RESOLVED, that 
the Qty reserves the right, in its sole and absolute 
discretion, to take any actions deemed necessary by the 
Qty in order to insure that the Qty (a) complies with 
present federal and state laws and any pending or future 
federal or state legislation, whether proposed or enacted, 
which may affect or restrict the issuance of its bonds, and 
(b) issues its bonds within the limits imposed by such 
present laws or any such pending or future legislation or 
any future local laws, to finance those facilities which the 
Qty determines, in its sole and absolute discretio